Case Study

Legal Representation in a Compensation Claim Exceeding SAR 1 Million for Property Encroachment and Construction on Another’s Land in Makkah

Dispute Value

SAR 1,000,000

Atyar Advocates and Legal Consultants advised a private client in a real estate dispute before the General Court in Makkah involving overlapping property boundaries and construction carried out by a neighbouring owner on part of the client’s property.

The dispute extended over approximately three years, with a compensation claim exceeding SAR 1 million. Our work included reviewing property documents and rights, preparing a legal study, and drafting legal memoranda submitted before the Court, while maintaining strict confidentiality regarding the client and the details of the dispute.

Quick Matter Overview

Value of the Compensation Claim

More than SAR 1,000,000

Property Location

Makkah, Saudi Arabia

Nature of the Dispute

Overlap between neighbouring properties

Subject of the Encroachment

Construction within part of the client’s property

Duration of the Relevant Circumstances

Approximately three years

Competent Court

General Court in Makkah

Background of the Real Estate Dispute

The matter concerned a real estate dispute involving property in Makkah, where overlapping property boundaries resulted in a neighbouring owner constructing within part of the client’s property.

The situation continued for approximately three years and gave rise to a legal claim for compensation in respect of the consequences of the construction and encroachment and their effect on the client’s ownership and use of the property.

Given the nature of the dispute, it was necessary to review the available real estate documents, determine the boundaries of ownership, examine the circumstances surrounding the construction, and assess the legal basis for the compensation claim.

The client engaged Atyar Advocates and Legal Consultants to provide legal advice, prepare a legal study of the matter, and draft the legal memoranda required to present the client’s position before the General Court in Makkah.

Compensation Claimed

More than SAR 1 million

Location of the Dispute

Makkah

Subject of the Dispute

Property Boundary & Encroachment

Nature of the Claim

Encroachment Compensation

Nature of the Real Estate Dispute

The legal work focused on identifying the extent of the property overlap, assessing the construction carried out within the client’s property, and evaluating the rights and claims arising from the encroachment.

The principal legal matters included:

Reviewing the client’s title and ownership documents.
Identifying the boundaries of the neighbouring properties.
Examining the nature of the property overlap.
Assessing the construction carried out within the client’s property.
Analysing the consequences of the continuing encroachment.
Determining the legal basis for the compensation claim.

Reviewing the available documents and correspondence.
Assessing the effect of the construction on use of the property.
Examining liability arising from the encroachment.
Identifying the property rights requiring protection.
Preparing the client’s legal position.
Drafting legal memoranda for submission before the General Court.

Essential Elements of the Legal Study

Proof of Ownership

Reviewing title deeds and property documents to establish the extent of the client’s ownership and the rights attached to the property.

Property Boundaries

Examining the available boundary and property information to identify the location and extent of the overlap and the disputed construction.

Nature of the Encroachment

Determining whether the construction extended into the client’s property and assessing the resulting impact on the ownership rights.

Damage and Compensation

Assessing the consequences arising from the encroachment and the legal basis for seeking compensation.

Duration of the Encroachment

Considering the effect of the encroachment and construction continuing for approximately three years on the client’s claim and legal rights.

Judicial Proceedings

Preparing legal memoranda setting out the client’s legal position before the General Court in Makkah.

Key Legal Challenges

Precisely Determining the Property Boundaries

A central issue was determining the actual boundaries of the client’s property and comparing them with the adjoining property to identify the extent of any overlap. This formed the foundation for assessing whether the disputed construction was located within the client’s ownership.

Establishing Construction on Another’s Property

The matter required the disputed construction to be linked clearly to the property boundaries and the available documentation. It was also necessary to identify the part of the property affected and the consequences for the client’s ownership rights.

Assessing the Damage Arising from the Encroachment

The matter was not limited to establishing the existence of an overlap. It also required assessment of the damage resulting from the construction and the continuation of the encroachment. This assessment was relevant to determining the legal basis for the compensation claim.

Addressing a Dispute Extending Over Three Years

The relevant events extended for approximately three years, requiring the chronology of the dispute and the available documents to be organised carefully. This assisted in presenting the factual circumstances clearly before the court.

Structuring the Compensation Claim

It was necessary to connect ownership, encroachment, damage, and the financial claim within a coherent legal framework. This required precise drafting of the legal memoranda and proper organisation of the supporting documents.

Protecting the Client’s Property Rights

The legal work was not limited to the compensation claim. It also focused on preserving the client’s ownership rights and preventing prejudice to the client’s legal position in relation to the property.

Our Legal Strategy

Reviewing the Ownership Documents

The available title and property documents were reviewed to identify the extent of the client’s ownership and the rights attached to the property. This established the legal foundation for assessing the alleged encroachmen

Analysing the Property Boundaries

The available information concerning the client’s property and the adjoining property was examined to determine the area of overlap and the location of the disputed construction. The objective was to identify the factual circumstances capable of supporting the claim.

Documenting the Encroachment

The circumstances surrounding the construction, its duration, and the available supporting documents were organised and linked to the client’s property rights. This supported a clear presentation of the alleged encroachment and its consequences.

Assessing the Basis for Compensation

The nature of the alleged damage and the consequences of the construction within the property were analysed. The legal basis capable of supporting the compensation claim was then assessed.

Preparing the Legal Study

A legal study was prepared addressing ownership, boundaries, encroachment, damage, and the available claims. The study assisted in defining the client’s legal position and the appropriate presentation of the matter.

Drafting the Legal Memoranda

The legal memoranda required to present the facts, supporting documents, and relief sought were prepared for submission before the General Court in Makkah.

Legal Services Provided

Legal Advice

Providing advice concerning the property overlap, construction within the client’s land, and the legal options available.

Legal Study

Preparing a legal assessment of ownership, property boundaries, the nature of the encroachment, its consequences, and the legal basis for the claim.

Drafting Legal Memoranda

Preparing the legal memoranda required to present the client’s legal position and claims before the General Court in Makkah.

Legal Insight

Resolving property-boundary disputes begins with establishing ownership boundaries clearly, as identification of the location and extent of the encroachment forms the basis for any further legal claim.

Where construction has been carried out on another person’s property, the effect on ownership and use of the property should be assessed and the relevant circumstances, damage, and supporting documentation should be properly recorded.

A structured legal study helps connect ownership, encroachment, damage, and compensation within a single legal framework and assists in presenting the owner’s position clearly before the competent court.

Legal Value Delivered to the Client

Reviewed the ownership documents.
Identified the nature of the property overlap.
Assessed the effect of construction within the property.
Examined the legal basis for compensation.
Prepared the client’s legal position.
Drafted the legal memoranda submitted to the court.

Scope of Legal Work

Atyar Advocates and Legal Consultants provided legal services to a private client in connection with a real estate dispute in Makkah arising from overlapping property boundaries and construction by a neighbouring owner within part of the client’s property.

The compensation claim exceeded SAR 1 million while the relevant circumstances extended over approximately three years.

The scope of work included providing legal advice, preparing a legal study, reviewing the available documents concerning the property, boundaries, and encroachment, assessing the legal basis for the compensation claim, and drafting the legal memoranda submitted before the General Court in Makkah.

The engagement was undertaken without disclosing the client, the opposing party, the property particulars, or the confidential financial details of the claim.

Legal Team Responsible for This Matter

Practice Areas Related to This Matter

Need Legal Advice Concerning Property Encroachment or Boundary Overlap?

If your property has been affected by neighbouring construction, overlapping boundaries, or another act interfering with your ownership rights, Atyar Advocates and Legal Consultants provides legal advice, legal studies, and drafting of legal memoranda in real estate disputes throughout Saudi Arabia.