Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Restoration of possession and removal of interference or obstruction of a right

Restoration of possession and removal of interference or obstruction of a right

Possessory actions are intended to provide prompt protection for possession and use of immovable property. Depending on the type of interference, the relief sought may be restoration of possession after unlawful dispossession, removal of interference with possession, or removal of obstruction of the exercise of a right.

These three claims differ. Unlawful dispossession removes the property from the prior possessor’s control. Interference with possession disrupts use without complete dispossession. Obstruction of a right prevents the exercise of an easement or usufruct.

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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 of the Iranian Code of Civil Procedure define, respectively, unlawful dispossession, obstruction of the exercise of a right, and interference with possession. In these claims, prior possession or prior exercise of the right and a later interference are material; their adjudication differs from an ownership action.

Statutory basis: The legal claim must match the type of interference, because seeking inappropriate relief can prevent effective adjudication.

Identifying the type of interference

Where the defendant has taken control of the entire property, unlawful dispossession is the issue to examine. Where peaceful and full use is merely disrupted, the issue is interference with possession. Where access, water rights or usufruct are blocked, obstruction of a right may be considered.

Restoration of possession and removal of interference or obstruction of a right

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 dispossession is distinguished from interference with possession and obstruction of the exercise of a right.

Preservation of evidence and site inspection

Reports, photographs or expert examination are used to document the existing situation.

Filing the claim and enforcing the decision

Relief is sought to end the interference and restore the lawful position.

Admissible supporting evidence

Witness testimony, documents evidencing use, utility bills, a police-station report, photographs and video, maps, a site inspection, and an expert opinion can show prior use and the manner of interference. A title deed may also indicate 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 of the Iranian Islamic Penal Code (Ta’zir and Deterrent Punishments), enacted in 1375 SH, as amended

This list identifies the principal legal provisions relevant to the page. The applicable law and amendments must be checked against the dates, subject matter and circumstances of each case.

The official texts and latest amendments are available in the National Database of Iranian Laws and Regulations.

Frequently asked questions

The claimant must prove ownership in an admissible manner. For registered property, the official title deed plays a central role.
An ownership-based recovery claim (khalʿ-e yad) is brought against a person possessing property without authority. Tenant eviction usually concerns possession initially authorised by a contract, such as a lease, which later continues without authority.
In an ownership-based action to recover property, proof of ownership is central. In a civil unlawful-dispossession claim, the claimant’s prior possession, the defendant’s later possession, and the unlawful nature of that later possession are material.
A co-owner’s possession of jointly owned property is subject to special rules. The possibility of bringing an action and the manner of enforcing the judgment must be examined in light of the undivided share, the other co-owners’ consent, and the nature of the possession.
Where the requirements are met, compensation for the period of occupation may be claimed with the possession claim or separately. Assessment of that compensation usually requires an expert opinion.
Because the dispute concerns immovable property, jurisdiction generally lies with the court where the property is located. The precise position depends on the circumstances and relief sought.
If someone interferes with use of the property without completely dispossessing you, a claim to stop interference with possession or obstruction of a right may be considered, depending on the facts.
Interference with possession disrupts the possessor’s use. Obstruction of a right prevents the exercise of an easement or usufruct. The facts must be checked carefully against the property’s condition and history of use.

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