Emirati law guaranties rights and does not allow one person to infringe on another person’s rights. Have you ever faced a situation where your neighbor encroached on your land during construction? Did someone encroach on a property that belongs to you without justification?!
Don’t worry, the legal ownership of properties is strong, and the laws ensure its stability. If you face such encroachments, an urgent action for prevention of interference is your quickest legal weapon to stop this violation immediately.
In this legal guide, the advisors at FHS Law Firm and Legal Consultancy in Abu Dhabi explain to you the conditions for accepting this lawsuit before the urgent court, and the types of possession disputes according to the UAE Civil Transactions Law.
Types of Real Estate Possession Dispute Lawsuits in the UAE
Real estate disputes in the UAE vary, and the UAE Civil Transactions Law, issued by Federal Decree No. 5 of 1985 in Articles (1307 to 1332), regulates the relationship between the plaintiff and the defendant, works to protect the right of the rightful owner in the property, and determines the type of encroachment.
There are three main types of possession dispute lawsuits.
First: Possessory Action
Example:
You own a property or land, and after a while, you were surprised to find that someone had completely taken over the property, claimed it as their own, and asserted ownership.
Then, a real estate lawyer expert at FHS Solutions will file a possession recovery lawsuit for you and present the evidence and indications of your ownership of the property.
Second: Lawsuit to Stop New Works
Example:
You own a property, and your neighbor is undertaking construction work that has reached a stage where it damages your property, encroaches on its boundaries, or blocks your future access.
In this case, a specialized lawyer in Abu Dhabi would file a lawsuit to halt the new construction in court.
These cases often overlap with legal disputes in the contracting sector and require a review of engineering contracts to ensure there is actual encroachment or damage.
Third: Action for Prevention of Interference
Example:
You own a property, and someone is subjecting your property to material or legal interference that prevents you from enjoying the property you own and disrupts your life.
It is an urgent lawsuit filed by the possessor to prevent any material or legal interference that disrupts the tranquility of their possession of the property.
Is a Lawsuit for Prevention of Interference Always Accepted?
Is a lawsuit for prevention of interference always accepted? And to which court is it submitted? And what are the conditions for accepting an urgent injunction lawsuit?
No, the urgent injunction lawsuit is not always accepted; it must meet specific conditions.
In order for the primary court, the urgent matters judge, to accept the case and issue a quick ruling, the following legal conditions must be be met.
Conditions for Accepting an Urgent Action to Prevent Interference
1. The Characteristic of the One Who Files the Lawsuit (The Rightful Possessor)
For the court to accept the lawsuit for prevention of interference, the lawsuit must be filed by the property owner personally or through their legal representative (lawyer).
The tenant of the property or the usufructuary has the right to file this lawsuit on behalf of the actual possessor, to protect them from any damages that may affect their business operations or the services of companies that use the property as their headquarters.
2. The Occurrence of Actual Exposure to Others
There are two types of interference that may occur on the affected property, and both types are prohibited: physical interference and legal interference.
The plaintiff must prove to the court that the defendant has committed an act that disputes the possessor’s right to the property in one of the following ways.
Physical Exposure
Claiming ownership of the property and taking possession of it.
Vandalizing the property’s boundaries and walls.
Assaulting the property owner.
If this intrusion is accompanied by any damage or unlawful appropriation of funds, the matter may escalate to fall under the category of financial crimes that are severely punished by law.
Legal Exposure
Taking legal action that threatens possession, such as:
Filing a baseless lawsuit to recover ownership.
Requesting the removal of the possessor.
3. Peaceful, Public, and Continuous Possession for One Year
The law requires in this type of cases that the possessor of the property appears as the actual owner occupying the property in front of neighbors and everyone, and that he has continuously possessed the property without interruption, and that the possession is:
Peaceful
He has held the property for a full year without anyone filing a lawsuit against him or disputing his ownership.
Public
He appears to his neighbors as the actual owner of the property, not just a temporary caretaker.
Continuous
The person’s stay in the property for a year without long and repeated absences spoils the characteristic of possession.
However, if the infringement and encroachment occur before the completion of a full year of quiet and stable possession, the condition of continuity is interrupted, and the plaintiff’s right to file this urgent lawsuit is forfeited.
Challenging the Rulings of the Urgent Matters Judge
In case there is an encroachment on your property and you file an urgent injunction lawsuit before the urgent matters judge, or what is called the primary court, and the judge rules in your favor, is this ruling considered final and conclusive?
The answer is: No, the primary court’s ruling is not final, and the affected party has the right to appeal to the competent civil appellate court in the UAE to reconsider the case.
Legal Representation in Property Possession Disputes
Consult a lawyer specialized in harassment cases; they are complex and require precision and skill.
Our experts in litigation, legal representation, and arbitration provide you with the best legal representation in real estate possession cases, property disputes, and debt collection. Since some real estate cases are linked to financial obligations or delayed compensation due to encroachment.
Don’t worry! Legal advisors and expert lawyers in various legal matters in the UAE are specialists in representing you in an injunction lawsuit, in addition to collecting debts associated with court rulings to ensure the recovery of all your financial rights.
Please visit us at FHS Solutions Law Firm and Legal Consultancy in Abu Dhabi, Electra Street, Office No. 401.
Frequently Asked Questions About the Injunction Lawsuit in the UAE
What Is the Difference Between a Lawsuit to Prevent Interference and a Lawsuit to Recover Possession?
Keep the original answer exactly as provided by your content writer.
Can the Tenant File an Urgent Lawsuit to Prevent Interference?
Keep the original answer exactly as provided.
What Is the Specified Period for Filing an Action for Prevention of Interference?
Keep the original answer exactly as provided.
Contact FHS Law Firm and Legal Consultancy
Don’t leave your property vulnerable to encroachment. Consult FHS Solutions experts now!
Your knowledge of your legal status and taking swift legal action protects your property, while delaying the filing of the lawsuit deprives you of your right to file it.
Delaying legal action when your possession is threatened may weaken your position in court and deprive you of the status of peaceful possession. At FHS Law Firm and Legal Consultancy in Abu Dhabi, we offer you a selection of the best expert lawyers in urgent real estate and civil cases, to provide you with the best legal representation, recover your property rights, and prevent any encroachments.
Feel free to visit us at our office located in Abu Dhabi, Electra Street, Al Reem Tower, Office No. 401, or contact us via WhatsApp.
Conditions for Accepting an Urgent Action to Prevent Interference Under UAE Law
Emirati law guaranties rights and does not allow one person to infringe on another person’s rights. Have you ever faced a situation where your neighbor encroached on your land during construction? Did someone encroach on a property that belongs to you without justification?!
Don’t worry, the legal ownership of properties is strong, and the laws ensure its stability. If you face such encroachments, an urgent action for prevention of interference is your quickest legal weapon to stop this violation immediately.
In this legal guide, the advisors at FHS Law Firm and Legal Consultancy in Abu Dhabi explain to you the conditions for accepting this lawsuit before the urgent court, and the types of possession disputes according to the UAE Civil Transactions Law.
Types of Real Estate Possession Dispute Lawsuits in the UAE
Real estate disputes in the UAE vary, and the UAE Civil Transactions Law, issued by Federal Decree No. 5 of 1985 in Articles (1307 to 1332), regulates the relationship between the plaintiff and the defendant, works to protect the right of the rightful owner in the property, and determines the type of encroachment.
There are three main types of possession dispute lawsuits.
First: Possessory Action
Example:
You own a property or land, and after a while, you were surprised to find that someone had completely taken over the property, claimed it as their own, and asserted ownership.
Then, a real estate lawyer expert at FHS Solutions will file a possession recovery lawsuit for you and present the evidence and indications of your ownership of the property.
Second: Lawsuit to Stop New Works
Example:
You own a property, and your neighbor is undertaking construction work that has reached a stage where it damages your property, encroaches on its boundaries, or blocks your future access.
In this case, a specialized lawyer in Abu Dhabi would file a lawsuit to halt the new construction in court.
These cases often overlap with legal disputes in the contracting sector and require a review of engineering contracts to ensure there is actual encroachment or damage.
Third: Action for Prevention of Interference
Example:
You own a property, and someone is subjecting your property to material or legal interference that prevents you from enjoying the property you own and disrupts your life.
It is an urgent lawsuit filed by the possessor to prevent any material or legal interference that disrupts the tranquility of their possession of the property.
Is a Lawsuit for Prevention of Interference Always Accepted?
Is a lawsuit for prevention of interference always accepted? And to which court is it submitted? And what are the conditions for accepting an urgent injunction lawsuit?
No, the urgent injunction lawsuit is not always accepted; it must meet specific conditions.
In order for the primary court, the urgent matters judge, to accept the case and issue a quick ruling, the following legal conditions must be be met.
Conditions for Accepting an Urgent Action to Prevent Interference
1. The Characteristic of the One Who Files the Lawsuit (The Rightful Possessor)
For the court to accept the lawsuit for prevention of interference, the lawsuit must be filed by the property owner personally or through their legal representative (lawyer).
The tenant of the property or the usufructuary has the right to file this lawsuit on behalf of the actual possessor, to protect them from any damages that may affect their business operations or the services of companies that use the property as their headquarters.
2. The Occurrence of Actual Exposure to Others
There are two types of interference that may occur on the affected property, and both types are prohibited: physical interference and legal interference.
The plaintiff must prove to the court that the defendant has committed an act that disputes the possessor’s right to the property in one of the following ways.
Physical Exposure
Legal Exposure
Taking legal action that threatens possession, such as:
3. Peaceful, Public, and Continuous Possession for One Year
The law requires in this type of cases that the possessor of the property appears as the actual owner occupying the property in front of neighbors and everyone, and that he has continuously possessed the property without interruption, and that the possession is:
Peaceful
He has held the property for a full year without anyone filing a lawsuit against him or disputing his ownership.
Public
He appears to his neighbors as the actual owner of the property, not just a temporary caretaker.
Continuous
The person’s stay in the property for a year without long and repeated absences spoils the characteristic of possession.
However, if the infringement and encroachment occur before the completion of a full year of quiet and stable possession, the condition of continuity is interrupted, and the plaintiff’s right to file this urgent lawsuit is forfeited.
Challenging the Rulings of the Urgent Matters Judge
In case there is an encroachment on your property and you file an urgent injunction lawsuit before the urgent matters judge, or what is called the primary court, and the judge rules in your favor, is this ruling considered final and conclusive?
The answer is: No, the primary court’s ruling is not final, and the affected party has the right to appeal to the competent civil appellate court in the UAE to reconsider the case.
Legal Representation in Property Possession Disputes
Consult a lawyer specialized in harassment cases; they are complex and require precision and skill.
Our experts in litigation, legal representation, and arbitration provide you with the best legal representation in real estate possession cases, property disputes, and debt collection. Since some real estate cases are linked to financial obligations or delayed compensation due to encroachment.
Don’t worry! Legal advisors and expert lawyers in various legal matters in the UAE are specialists in representing you in an injunction lawsuit, in addition to collecting debts associated with court rulings to ensure the recovery of all your financial rights.
Please visit us at FHS Solutions Law Firm and Legal Consultancy in Abu Dhabi, Electra Street, Office No. 401.
Frequently Asked Questions About the Injunction Lawsuit in the UAE
What Is the Difference Between a Lawsuit to Prevent Interference and a Lawsuit to Recover Possession?
Keep the original answer exactly as provided by your content writer.
Can the Tenant File an Urgent Lawsuit to Prevent Interference?
Keep the original answer exactly as provided.
What Is the Specified Period for Filing an Action for Prevention of Interference?
Keep the original answer exactly as provided.
Contact FHS Law Firm and Legal Consultancy
Don’t leave your property vulnerable to encroachment. Consult FHS Solutions experts now!
Your knowledge of your legal status and taking swift legal action protects your property, while delaying the filing of the lawsuit deprives you of your right to file it.
Delaying legal action when your possession is threatened may weaken your position in court and deprive you of the status of peaceful possession. At FHS Law Firm and Legal Consultancy in Abu Dhabi, we offer you a selection of the best expert lawyers in urgent real estate and civil cases, to provide you with the best legal representation, recover your property rights, and prevent any encroachments.
Feel free to visit us at our office located in Abu Dhabi, Electra Street, Al Reem Tower, Office No. 401, or contact us via WhatsApp.
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