Eviction Lawsuit for Forced Eviction under UAE Law

Eviction Lawsuit for Forced Eviction under UAE Law

I. Legal Definitions: Usurpation and Eviction

Usurpation: The illegal and unauthorized seizure of property or real estate without the consent of the rightful legal owner. It is considered a violation of property rights.

Eviction: A legal action taken by the property owner to recover possession of property unlawfully occupied.

II. Conditions for Filing an Eviction Lawsuit in the UAE

1. The occupation must be non-consensual and forced, not voluntary.
2. The plaintiff must have attempted to recover the property peacefully before resorting to litigation.
3. The lawsuit must be filed within one year from the date of the unlawful occupation to preserve the plaintiff’s legal rights.
4. The plaintiff must provide documents proving ownership of the disputed property.

III. Legal Basis for Eviction Due to Usurpation

1. Article 304 of Federal Law No. 5 of 1985 (Civil Transactions Law) provides the foundation for such cases:
2. 1. A possessor shall retain what he holds until he is paid.
3. 2. A person who unlawfully takes another’s property must return it in the same condition and at the location where it was taken.
4. 3. If the property is consumed, destroyed, or lost—intentionally or otherwise—the usurper must compensate its equivalent value as of the date and place of usurpation.
5. 4. The usurper is also liable for any benefits or accessories derived from the property.
6. UAE law protects ownership rights by recognizing usurpation as an infringement. Property owners may file a civil eviction lawsuit to recover possession from the usurper, following established legal procedures.

IV. Legal Procedures for Eviction Due to Usurpation

Filing a Lawsuit: The property owner must initiate a lawsuit before the competent civil court. Required documentation includes proof of ownership and evidence of unlawful occupation.

Supporting Documents: The claim must be supported by documents proving legal ownership and substantiating the act of usurpation. These may include title deeds, witness testimonies, and any other relevant evidence.

Court Hearings: The court will review the evidence and may summon the parties and witnesses to provide testimony and clarify facts.

Judgment and Enforcement: If the court validates the claim, it will issue an eviction order against the usurper. Execution of the judgment is carried out according to the UAE’s legal enforcement procedures.

V. Owner’s Rights and Compensation

• If the court confirms the usurpation, the rightful owner may also claim compensation for any damages incurred. The compensation will reflect the actual harm caused by the usurper, provided that such damages are substantiated.

Conclusion

• Eviction lawsuits due to unlawful occupation are a key legal tool for protecting property rights in the UAE. Property owners must understand the legal requirements and procedures for reclaiming their property. However, pursuing such legal actions typically requires the assistance of a qualified legal expert to ensure proper handling of the case in accordance with UAE law.
• Legal Consultant
• Ismail Al-Masry
• Ahkam Center for Legal Consultations

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