Encroachment

Encroachment is the taking of possession of real estate or part of it without a lawful basis, or the erection of a building, fence or plantings on land owned by someone else or by the state, infringing the owner's rights of use and possession and giving rise to removal or compensation under the law. Article 610 of the Civil Transactions Law provides that no one may be deprived of his property except in cases set by law. The law's rules on building on another's land distinguish between bad-faith and good-faith encroachers. Where someone builds on land he knows belongs to another without permission, the owner may demand removal at the builder's cost with compensation, or keep the building by paying its value as removable materials or the increase in the land's value (Art. 651). Where someone builds in good faith, the owner chooses between paying the cost of materials and labour or the increase in land value, and if the building is so substantial that paying would overburden him, he may ask that the land be transferred to the builder for fair compensation (Art. 652). Where a landowner, while building, encroaches in good faith on part of the adjoining land, the court may compel the neighbour to cede that part for fair compensation (Art. 653). A bad-faith possessor is liable for the fruits he collected (Art. 676). Procedurally, General Courts hear claims to stop interference with possession and to recover possession (Art. 31, Law of Procedure before Sharia Courts), and encroachment is usually proven by a survey report from an accredited engineering office matching the deed to the ground. Encroachments on state property are handled by specialised committees in regional emirates under the Rules for Monitoring State Real Estate and Removing Encroachments approved by the Council of Ministers. In areas announced for registration, the Real Estate Registry's coordinate maps and absolute probative force make boundaries easier to prove.