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Case Study

Judicial Ruling Confirming Encroachment onto Property in Makkah with a Compensation Claim Exceeding SAR 1 Million

Dispute Value

SAR 1,000,000

Disputes involving property encroachment, construction on another’s land, and compensation for unauthorised use require careful analysis of ownership and property boundaries.In this matter, Atyar Advocates and Legal Consultants represented the client before the General Court in Makkah in a dispute involving encroachment and use of the client’s property for approximately three years, with compensation exceeding SAR 1 million.The case resulted in a ruling in favour of the client confirming the opposing party’s wrongful entry into the property.

Case at a Glance

Nature of the Dispute

Property encroachment and boundary overlap

Compensation Claim

More than SAR 1 million

Property Location

Makkah

Period of Occupation

Approximately 3 years

Duration of Legal Work

Approximately two weeks

Outcome

Judicial ruling confirming the opposing party’s encroachment onto the client’s property

Background of the Dispute

The dispute arose after a neighbouring owner constructed within the boundaries of the client’s property in Makkah and used the affected portion for approximately three years.The client sought removal of the encroachment and compensation for unauthorised use. Atyar Advocates and Legal Consultants analysed the ownership, boundary, and occupation issues and prepared the legal memoranda submitted before the General Court in Makkah.The proceedings resulted in a ruling in favour of the client confirming the opposing party’s wrongful entry onto the property.

Property boundary encroachment involving a neighboring building extending into the client’s property in Makkah

Property Type

Private real estate

Subject Dispute

Property Encroachment

Court

General Court in Makkah

Outcome

Judicial confirmation of encroachment

Nature of the Property Encroachment and Compensation Dispute

The matter focused on establishing that part of the neighbouring construction extended into the client’s property, determining the legal consequences of that encroachment, and pursuing removal together with compensation for the period of unauthorised use.

The legal work included review of title documents, property boundaries, the location of the encroachment, the nature of the construction, and the duration of occupation.

  • Reviewing the property title documents.
  • Examining the legal boundaries of the property.
  • Identifying the location of the encroachment.
  • Reviewing the construction within the disputed area.
  • Analysing the period of occupation.
  • Assessing the effect of the client’s delay in objecting.
  • Considering the relevance of the opposing party’s good or bad faith.
  • Reviewing the legal basis for eviction.
  • Analysing the basis for compensation for use.
  • Developing the legal arguments.
  • Drafting the court submissions.
  • Following the proceedings through judgment.

Essential Elements of the Dispute

Property Boundaries

Determining the precise extent of the client’s ownership and the area affected by the neighbouring construction.

Property Encroachment

Establishing that part of the neighbouring development crossed into the client’s land.

Construction on Another’s Property

Assessing the legal effect of building within property owned by another party.

Period of Use

Considering the consequences of occupation and use continuing for approximately three years.

Eviction

Seeking removal of the opposing party from the portion of land occupied without right.

Compensation

Pursuing compensation for the period during which the property was occupied and used.

Key Legal Challenges

Lengthy Period Before Legal Action

Approximately three years had passed since the construction, requiring careful analysis of whether the client’s delay affected the claim.

Lack of Clear Evidence of Bad Faith

It was not straightforward to establish that the opposing party knowingly built within the client’s land from the outset.

Proving the Property Boundaries

The claim depended on accurately establishing the boundary line and demonstrating that the construction crossed into the client’s property.

Combining Eviction and Compensation

The matter required treatment of both restoration of possession and compensation for past occupation.

Assessing the Benefit Derived from the Property

The claim required consideration of the use and benefit obtained by the opposing party during the period of occupation.

Building the Claim on Objective Property Rights

The legal position had to rest on ownership, boundaries, and actual encroachment rather than relying solely on proof of bad faith.

Our Legal Strategy

Establishing the Client’s Title and Boundaries

The legal analysis began by confirming the scope of the client’s ownership and the relevant property boundaries.

Proving the Physical Encroachment

The existing construction was linked to the property location in order to demonstrate that the neighbouring party had entered the client’s land.

Separating Ownership Rights from Bad Faith

The claim was structured around the objective fact of encroachment rather than making intentional misconduct the sole basis of liability.

Addressing the Delay in Objection

The period before formal legal action was carefully analysed and placed within the broader legal context of the client’s continuing property rights.

Establishing the Compensation Claim

The compensation claim was linked to the duration of occupation and the benefit derived from use of the affected portion of the property.

Preparing Coherent Court Submissions

The relevant facts, documents, and legal grounds were organised into clear and structured memoranda before the court.

Legal Services Provided

Legal Advice

Assessing the client’s position and the available remedies for removal and compensation.

Legal Analysis

Reviewing the ownership, boundary, encroachment, and use issues.

Document Review

Examining property title documents and evidence relating to the boundaries.

Drafting Legal Memoranda

Preparing written submissions for filing before the court.

Structuring the Compensation Claim

Developing the legal basis for compensation arising from occupation and use.

Litigation Representation

Handling the dispute before the General Court in Makkah.

Outcome of the Legal Work

The proceedings resulted in a judicial ruling in favour of the client by the General Court in Makkah.The judgment confirmed the opposing party’s wrongful entry onto the client’s property, thereby supporting the client’s legal position in relation to the property encroachment.The underlying claim also included removal of the encroachment and compensation for the period during which the affected portion of the property had been occupied and used.

Legal Insight

In property encroachment disputes, protection of ownership rights does not depend solely on proving the opposing party’s bad faith.The central issues are usually ownership, the precise property boundaries, the existence of actual encroachment, and the benefit derived from occupying or using the affected land.Likewise, a delay in taking legal action does not automatically extinguish the owner’s rights, although the legal effect of that delay should be carefully assessed in the context of the particular facts.Accurate identification of the boundary line remains one of the most important elements in this type of dispute.

Legal Value Delivered to the Client

  • Established that the opposing party had entered the client’s property.
  • Addressed an encroachment that had continued for approximately three years.
  • Analysed the legal effect of the delay in objection.
  • Developed the legal basis for eviction.
  • Supported a compensation claim exceeding SAR 1 million.
  • Secured a judicial ruling in the client’s favour.

Nature of the Property Encroachment and Compensation Dispute

The matter involved property in Makkah where the owner of a neighbouring property constructed within part of the client’s land and continued using the affected area for approximately three years.

The legal work focused on establishing the encroachment, protecting the client’s ownership rights, and pursuing eviction and compensation.

  • Reviewing ownership.
  • Analysing the property boundaries.
  • Identifying the encroachment.
  • Reviewing the existing construction.
  • Analysing the duration of occupation.
  • Assessing the effect of delay.
  • Considering the issue of bad faith.
  • Establishing the basis for eviction.
  • Establishing the basis for compensation.
  • Developing the legal arguments.
  • Drafting the court memoranda.
  • Following the proceedings through judgment.

Legal Team Responsible for This Matter

Dr. Turki altayyar

Prof. Dr. Turki Al-Tayyar

Founder and Managing Partner, and an expert in the judiciary, legal practice, arbitration, and university education, with more than 25 years of combined experience.

Mr. Salem Saad Al-Dosari

Partner specialising in administrative contracts, investment, and litigation, with extensive experience in administrative and commercial cases.

Practice Areas Related to This Matter

Need Legal Advice on a Property Ownership or Title Dispute?

If you are involved in a dispute concerning real estate ownership, conflicting title deeds, property boundaries and areas, or the validity of a judicial title establishment instrument, Atyar Advocates and Legal Consultants provides legal studies, title-document review, assessment of legal position, and preparation of legal memoranda and defences.

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  • 00966555398969

مجالات الممارسة

القانون التجاري والشركات

صياغة العقود والوثائق القانونية

القانون المالي والمصرفي

الضرائب والزكاة والجمارك

العقارات والملكية الخاصة

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