Adverse Possession
Synonyms: Acquisitive Prescription، Squatter's Rights، Usucapion، Prescriptive Title
Last updated: 2026-09-25
Short Definition
Adverse possession (acquisitive prescription) is a doctrine in some legal systems, especially common-law ones, under which a person who occupies land owned by another openly, continuously and without the owner's permission for a statutory period can acquire ownership of it.
Overview
Legal Basis
Civil Transactions Law issued by Royal Decree No. (M/191) dated 29/11/1444H: Article 295 (a right does not lapse by the passage of time), Article 610 (no one may be deprived of property except as provided by law), Articles 641-672 (grounds for acquiring ownership), Articles 673-678 (effect of possession on ownership), and Articles 651 and 653 (building on another's land and good-faith encroachment on adjoining land). Real Estate Registration Law issued by Royal Decree No. (M/91) dated 19/9/1443H, Article 4 (absolute probative force of the register). Law of Procedure before Sharia Courts, Article 31(a), on the general courts' jurisdiction over actions to prevent interference with possession or recover it.
Practical Example
During a survey of his land in Abha, Fahd discovers that his neighbour built a wall and annex 20 years ago that cross the boundary by 45 m². The neighbour claims the strip became his through long occupation; Fahd refuses and takes the matter to court. The court does not accept ownership by lapse of time, because Saudi law does not recognise acquisitive prescription and Fahd's deed proves his ownership. However, since it is established that the neighbour built in good faith believing the boundary was correct, and removing the annex would be costly, the court under Article 653 compels Fahd to cede the occupied strip for fair compensation assessed at SAR 2,000 per m², i.e. SAR 90,000. Had the neighbour known the land belonged to someone else, Fahd could have demanded removal at the neighbour's expense.
Common Mistakes
- ✗Believing that occupying someone else's land for a long time gives ownership in Saudi Arabia, as in some Western countries.
- ✗An owner neglecting to monitor and survey his boundaries, then discovering an old encroachment that is hard to remove in practice.
- ✗Confusing the non-hearing of certain claims after set periods with acquiring ownership; the law states that a right does not lapse by the passage of time.
- ✗Building on land without checking its boundaries against the deed and a survey, risking an order to remove the building if knowledge is proven.
- ✗Holding a property, or buying it under an informal contract, without a deed and registration in the hope that long possession will turn into ownership.
International Differences
Many systems recognise acquisitive prescription under conditions. In the United States the period usually ranges from 5 to 30 years depending on the state. In England and Wales, the registration system lets a possessor apply to be registered after ten years, with notice to the registered owner, who can object. In Turkey, the Civil Code allows ownership of unregistered land to be acquired through peaceful, continuous possession for twenty years. Egypt's Civil Code provides for acquisitive prescription after fifteen years. Saudi law stands out for rejecting acquisitive prescription of real estate entirely, relying on the deed and a register with absolute force, and dealing with good-faith encroachment through compensation.
