A lawsuit is also filed against a neighbor who encroached on his neighbor’s property in any way, such as trespassing meters of his neighbor’s property during construction, and other forms of encroachment. Here, the holder has the right to file a lawsuit, and this lawsuit differs according to the type of infringement, and we will present in the following lines the types of dispute lawsuits. Possession according to the type of infringement on possession.
Possession recovery suit:
In this case, a person has placed his hand on a property that belongs to you, and claims ownership of it, and to establish the owner of the property for this The lawsuit conditions mentioned:
1-The period of possession of the property by the person must be less than one year 2-The holder of the property must not be removed from the property for a period exceeding years.
3-That the possessor has acquired the property continuously, publicly, and without notice. No problems for more than one year.
It is a lawsuit filed by the owner of the property before the competent court, if someone is subjected to physical or legal exposure to him in a way that affects his possession, provided that the possession continues for a period of more than a year, quiet possession. It is public and continuous, and is considered one of the urgent cases.
Suspension of new business.
This lawsuit is filed by the owner of the property when one of his neighbors carries out construction works that harm his property or encroaches on him, and his continuation in carrying out the construction work leads to encroaching on his neighbor’s property, blocking his way, or any other form of encroachment on the property.
The text of the three cases was explained in the UAE Civil Transactions Law issued by Federal Decree No. 5 of 1985 AD in its articles from Article 1307 to Article 1332.
We will explain in particular the conditions for the court’s acceptance of the anti-exposure lawsuit:
● The claim must be filed by the owner of the affected property, or his agent. The legal person, the lessee of the property or the usufructuary in favor of the real possessor
● The third party’s exposure must take place against the possessor so that he disputes with him the possession of the property. The third party’s exposure is either:
Physical exposure, which is any act intended to seize the property. with the aim of wresting it from its permissible, such as directly seizing the property, or vandalizing the borders of the property in preparation for that, or by attacking, cursing and beating the possessor.
Or: legal exposure, which is any legal act by a third party to extract. The property is from its possessor, such as filing a claim to recover ownership or possession, or requesting the removal of the possessor’s hand from the judge of summary matters.
● The possessor’s possession of the property must be calm, public, and continuous for at least one year. We can say that the possession of the property is calm and stable, when no one disputes it during the first year of placing his hand on the property.
● Possession is public when the possessor appears in an appearance indicating that he is an owner. If he appears as the guardian of the property and announces it to the neighbors, then he is not considered a possessor, but rather he must be known in the neighborhood as a possessor. And owner of the property One of the conditions for considering a person to possess the property is that he continues to possess the property for a full year without any interruption, and that he is known among the neighbors as possessing the property, without being absent for a long and repeated absence from the property, as his absence removes from him the status of possessor.
● If the exposure occurred before one year has passed since the quiet and public possession. . There is no longer calm in possession, and continuity is interrupted The two parties have the right to appeal the ruling issued in the summary prevention suit, before the Civil Court of Appeal The judge in charge of adjudicating a lawsuit to prevent exposure is the judge of urgent matters assigned to the center of the Court of First Instance for this purpose
For more information about an urgent prevention claim, or problem Possession, or challenging a ruling in the Court of First Instance, or any other court of the Emirates, and for legal advice services, civil, penal, and labor cases, establishing companies and collecting debts in Abu Dhabi, do not hesitate to consult the best lawyer for first instance court cases in Abu Dhabi Our team of expert legal advisors are ready to assist you.
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