Related for Bava Metzia 201:5
אלא כי אתא רבין אמר ריש לקיש לא שנו אלא שנעקרו בגושיהן ובתוך שלש אבל לאחר שלש הכל לבעל הקרקע דאמר ליה אי אנא נטעי לאחר שלש מי לא הוה אכילנא ליה כוליה
he said in the name of Resh Lakish: This holds good only if they were uprooted together with their clods, and within three years; but after three years, it all belongs to the field-owner. For he can say to him, 'Had I planted them myself, would I not have enjoyed their entire usufruct after three years?'<span class="x" onmousemove="('comment',' Whilst the cost of buying young olive trees for planting is trifling, and insufficient to justify half of the present usufruct going to the owner of the olive trees (Tosaf.). — The same applies above. ');"><sup>5</sup></span>
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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