Property Boundaries and Their Legal Nature

Property Boundaries and Their Legal Nature

In general terms, the boundary of a property refers to the surrounding area adjacent to the property over which the owner holds specific legal rights. This area is considered part of the owner’s private domain and requires compliance with legal procedures for recognition. Some individuals mistakenly believe that the area surrounding a property has little legal significance and that only the property itself holds substantial value. In reality, the boundary of a property holds legal and economic value comparable to the property itself, and the owner is entitled to benefit from it.

Pursuant to Article 136 of the Civil Code, a boundary is defined as a portion of land surrounding a property, qanat, water channel, or similar installations, the existence of which is necessary for full enjoyment and utilization. Based on this provision, the boundary of a property constitutes a legal right of the owner, who may lawfully make proper use of it. Every property, therefore, has a defined boundary that serves to determine and distinguish the scope of ownership.

Definition of Property Boundary and Its Legal Status in Iranian Law

Purpose of Establishing Property Boundaries

The purpose of establishing property boundaries is to prevent individuals from encroaching on others’ property. This mechanism serves to restrict unauthorized entry by third parties whose actions may cause damage to the property or its surrounding area. The legislature has recognized property boundaries as a means of protecting owners’ rights, and where a person unlawfully benefits from another person’s boundary, legal remedies are available to the owner.

Determination of the Extent of Property Boundaries

In general, the extent of property boundaries is determined by various factors, including the land’s location and local customary practices. Boundary determination is not uniform across all regions and is assessed in accordance with the natural and geographical conditions of each area. However, legal determination of property boundaries is explicitly addressed in Articles 137 and 138 of the Civil Code, which are examined below.

According to Article 137 of the Civil Code, a well used for drinking water has a boundary of twenty gaz, while a well used for agricultural purposes has a boundary of thirty gaz. Accordingly, if a person owns a well used solely for drinking water, the boundary extends twenty meters, whereas a well dedicated to agricultural use has a boundary of thirty meters.

Article 138 of the Civil Code provides that the boundary of a spring or qanat extends five hundred gaz in soft land and two hundred fifty gaz in hard land, measured from all directions. If the specified boundaries under this article and the preceding article are insufficient to prevent harm, the boundary may be extended to the extent necessary to avert damage.

Based on this provision, springs and qanats located in soft soil are assigned a boundary of five hundred meters, while those in hard soil have a boundary of two hundred fifty meters. If these limits are inadequate to prevent potential harm or loss, the boundary may be increased accordingly. Soft land refers to fertile and loose soil in which agricultural activities can be carried out with ease.

Legal Proof of Property Boundaries Before Judicial Authorities

To submit a claim for legal recognition of a property boundary, certain essential documents must be provided to the court. In the absence of any required documentation, judicial authorities typically suspend proceedings until the case file is completed. Such documents include the official title deed of the property, reference case numbers, and requests for property inquiries. After the petition is filed, the court initially considers the opinion of an official expert in land registration matters and examines registration numbers to facilitate accurate review. The court then evaluates the evidence and documents submitted by both parties before issuing a final ruling.

Filing a Lawsuit for Recognition of Property Boundaries

Initiating a lawsuit for recognition of a property boundary, like other legal claims, requires submission of a formal petition to the court. Property-related cases are generally complex and require extended time for adjudication. For this reason, it is advisable to seek assistance from experienced legal professionals specializing in real estate matters to ensure that the proceedings are conducted effectively and efficiently.

Important Legal Notes Regarding Property Boundaries

Use of another person’s property boundary is permissible only with the consent of the owner. Any occupation or use without the owner’s permission is unlawful, unless the occupier holds a valid legal authorization.
The extent of property boundaries is determined by law, and no individual is entitled to designate a private boundary for their property in contradiction to legal provisions.

Frequently Asked Questions Regarding Property Boundaries and Their Legal Nature