Related for Bava Metzia 201:22
מיתיבי רשב"ג אומר בית שמאי אומרים שומעין לו וב"ה אומרים אין שומעין לו לימא רב נחמן דאמר כב"ש
Said he to him, 'Go and assess it for him, and he shall be at a disadvantage.' 'But I do not desire it,' he reiterated. Subsequently he saw that he had fenced and was guarding it, whereupon he said to him, 'You have revealed your mind that you desire it. Go and assess it for him, and he [the planter] shall be at an advantage.'
Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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