Action for Recovery of Possession (Eviction of Unlawful Possessor)
Ownership of immovable property has always been a significant issue in human life. In matters relating to ownership, it may occur that a person unlawfully takes possession of another individual’s immovable property. If the lawful owner seeks to recover possession of the property and bring an end to the unlawful occupation by the possessor, they may file a civil claim before the judicial authorities under an action for recovery of possession and request the return of their property.
In order to file an action for recovery of possession, the plaintiff’s ownership must be provable, and the owner is required to submit an official title deed as evidence of ownership. In addition, the defendant must be in possession of the property, and such possession must be unlawful or usurpatory. Otherwise, the plaintiff’s claim for recovery of possession will not be admissible and, pursuant to Article 2 of the Civil Procedure Code, will be subject to dismissal.
Legal Requirements for Filing an Action for Recovery of Possession
Recovery of possession may arise in three forms: fiduciary possession, usurpatory possession, and joint ownership possession.
Fiduciary recovery of possession: This form applies where a contractual relationship exists between the parties. The contract and the related legal relationship remain valid and lawful until the expiration of the agreed term. If, after the expiration of the term, the possessor continues to occupy the property, such person is deemed a usurper, and an action for fiduciary recovery of possession may be brought against them.
Usurpatory recovery of possession: Any person may lawfully possess property within the scope of their ownership rights. If, for any reason, a person’s possession is unlawful, it assumes a usurpatory nature and becomes the subject of an action for recovery of possession.
Recovery of possession in joint ownership: In cases where an action for recovery of possession is brought against the possessor of jointly owned property and the benefit accrues to one of the co-owners, recovery of possession applies to the entire property. Accordingly, the law permits recovery of possession of the whole jointly owned property and allows the prevention of unlawful possession by a co-owner or a usurper.
In matters relating to ownership and related claims, issues such as eviction and unlawful possession are also frequently encountered. In actions for recovery of possession, the plaintiff must prove their ownership of the disputed property by submitting appropriate evidence, enabling the court to issue a judgment against the defendant. Such evidence must clearly demonstrate the plaintiff’s full ownership of the property.
An action for eviction is another claim commonly raised in ownership disputes. Where a contractual relationship, such as a lease, exists between the plaintiff, as owner, and the defendant, as possessor, and the date for vacating the property is specified in the contract, failure by the possessor or tenant to vacate the property gives rise to an action for eviction. Likewise, if an owner grants another person permission to use their property for a certain period and subsequently withdraws such permission, the owner may bring an action for eviction against that person.
Difference Between Recovery of Possession and Unlawful Possession
If a person previously possessed an immovable property and another person takes possession of it without consent, and the former possessor seeks to regain possession, the matter is addressed under unlawful possession. In such cases, the claimant relies on prior possession to establish entitlement and, unlike the owner in an action for recovery of possession, does not rely on proof of ownership. Instead, the claimant asserts the unlawful nature of the defendant’s possession.
In these cases, the law protects possession itself, and the court does not examine evidence of ownership. With respect to criminal unlawful possession, there are differing opinions under Article 690 of the Islamic Penal Code. Some consider prior possession to be sufficient, while others require proof of ownership. Despite these differing views, judicial practice has recognized the requirement to prove ownership.
A lack of awareness of the distinctions between these types of claims has resulted in the failure of many cases before the courts, leading to dissatisfaction among claimants. It is therefore essential to recognize that each legal claim has specific elements and conditions, and judicial review is contingent upon the fulfillment of those requirements.
Frequently Asked Questions About Actions for Recovery of Possession
An action for recovery of possession is a civil claim through which the owner of a property seeks to reclaim it from the unlawful possession of another person. To bring this action, the owner must prove ownership by presenting an official title deed, and the defendant’s possession must be unlawful or usurpatory.
Recovery of possession is divided into three types: 1. Fiduciary recovery of possession, where a lawful contract existed, and possession continued after its expiration. 2. Usurpatory recovery of possession, where possession is taken unlawfully and without consent. 3. Recovery of possession in joint ownership, where unlawful possession of jointly owned property allows recovery of the entire property.
The owner must present valid documents proving ownership of the disputed property. These documents must demonstrate full ownership so that the court may issue a judgment against the defendant.
In a recovery of possession action, the owner seeks to reclaim property on the basis of ownership. In unlawful possession, a person who previously possessed the property seeks to regain possession without relying on proof of ownership, and the court focuses solely on the unlawful nature of the defendant’s possession.
If one co owner or a third party unlawfully possesses jointly owned property, the law allows the owner to seek recovery of possession of the entire property. In such circumstances, an action may be brought against the co-owner or the usurper.
To file such an action, the plaintiff must prove ownership of the property and demonstrate that the defendant’s possession is unlawful. Where a lease or permission to use the property exists, expiration of the agreed term and continued possession by the defendant form the basis for recovery of possession. What is an action for recovery of possession?
What are the types of recovery of possession?
What documents are required to file an action for recovery of possession?
What is the difference between recovery of possession and unlawful possession?
How can an action for recovery of possession in joint ownership be filed?
What are the legal requirements for filing an action for recovery of possession?
