Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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removal of unlawful occupation, interference, or obstruction of property rights in Iran

removal of unlawful occupation, interference, or obstruction of property rights in Iran

Possession lawsuits are provided for the rapid protection of the status of possession and use of real estate. Depending on the type of encroachment,, the claim can be action to restore possession after unlawful dispossession, the removal interference with possession or the removal obstruction of the exercise of a right.

The difference between these three titles is important: in unlawful dispossession, the property is removed from the previous possession; in interference with possession, the complete possession is not taken away but the use is disrupted; in obstruction of the exercise of a right, the person is prevented from using easement right or benefiting from it.

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What are recovery from unlawful dispossession, removal of interference, and removal of obstruction to the exercise of a right?

Articles 158, 159 and 160 Iranian Code of Civil Procedure («قانون آیین دادرسی مدنی») have defined the unlawful dispossession, obstruction of the exercise of a right and interference with possession lawsuits, respectively. In these lawsuits, pre-possession or use of the right and the occurrence of subsequent encroachment are important and their handling is different from the ownership lawsuit.

Statutory basis: It is necessary to choose the exact title based on the type of attack, because disproportionate demands can prevent effective proceedings.

Identifying the type of interference

If civil defendant has taken possession of the entire property, unlawful dispossession is applicable. If it only prevents the peaceful and complete use, interference with possession is applicable. If the passage, water right or usufruct or right of use is blocked, obstruction of the exercise of a right is applicable.

removal of unlawful occupation, interference, or obstruction of property rights in Iran

Usual stages of review and follow-up

Documenting the prior situation

Documents of prior possession or use of the right are collected.

Determining the type of interference

Complete possession of , interference with possession or obstruction of the exercise of a right is separated.

Preservation of evidence and site inspection

A photo or expert report is used to maintain the status quo.

Filing the claim and enforcing the decision

Removal of encroachment and restoration of legal status is requested.

Admissible supporting evidence

Testimony, Operating documents, Invoices, Police station report, Photos and videos, Maps, Site inspection and expert opinion can show the prior use and the manner of encroachment. The title deed may also be an indication of prior possession.

Related topics

Iranian property disputes

Return to the comprehensive property-law services page

action to compel execution of an official title deed

Official transfer of property and removal of registration obstacles

action to recover possession based on established ownership (khalʿ-e yad)

Ending unauthorized possession on the basis of established ownership

unlawful dispossession

Requirements for civil and criminal proceedings concerning unlawful dispossession.

  • Iranian Code of Civil Procedure («قانون آیین دادرسی دادگاه‌های عمومی و انقلاب در امور مدنی»)

  • Iranian Civil Code («قانون مدنی»)

  • Book Five Islamic Penal Code of Iran («قانون مجازات اسلامی») (Penalties and deterrent penalties) approved 1375 with subsequent amendments

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

claimant must prove its ownership in an acceptable way. In registered properties, official or authentic instrument under Iranian law ownership plays a central role.
action to recover possession based on established ownership (khalʿ-e yad) It is brought against an occupant who is in possession of the property without permission; eviction is usually when the occupation was initially authorized by a contract such as a lease and then continued without permission.
In action to recover possession based on established ownership (khalʿ-e yad), the main focus is on proving ownership; in unlawful dispossession legal,, pre-possession claimant and the right to possess civil defendant and its aggression are important.
Partner seizure in co-owned property has special rules. The possibility of filing a lawsuit and the method of executing the judgment must be examined according to the common share, permission of other partners and the type of seizure.
If the conditions exist, the claim for reasonable compensation for use possession days can be raised together or separately, and usually its assessment requires an expert.
Since the dispute is related to immovable property,, in principle, court the place of occurrence of the property is the competent court; the exact jurisdiction is examined according to the situation and demands of the case.
If without completely removing the property from your possession, someone obstructs the use or causes disruption of the benefit,, depending on the circumstances of the dispute for the resolution of interference with possession or obstruction of the exercise of a right, it can be examined.
In interference with possession, the use of the possessor is impaired; in obstruction of the exercise of a right, the person is prohibited from using easement right or benefiting from it. A close comparison with the condition of the property and the history of use is essential.

Methods of contact

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