Usurpation: Invalid Ownership Claims Over Public Land Based on Old Boundary Deeds

Practical Laws of Islam as per the teachings of Imam Khamenei

Usurpation: Invalid Ownership Claims Over Public Land Based on Old Boundary Deeds

English:

Question #1867:

Fifty years ago, a person bought a plot of land. Since the name of “The High Mountain” is mentioned in the property deed as the boundary of the land, he is claiming the ownership of millions of square meters of common land and scores of old houses built on it. It is to be noted, however, that the person did not use those lands and the houses. Furthermore, there is no evidence that could indicate the ownership of those lands for the last centuries. He further alleges that the prayer of the people conducted on this land and property is not shar‘ī because of the alleged usurpation. What is the view on this matter?

Answer #1867:

If the land that falls between the land that has been bought and the said mountain is derelict land with no previous owner or some people had it at their disposal and transferred it to the present occupiers, any party who actually exercises the right of ownership over any part of the land or the properties is deemed the rightful owner of what they have control over. Thus, all the actions concerning the property they take are deemed correct and shar‘ī. That is unless the claimant establishes, with a competent judicial authority and in accordance with the shar‘, that he owns the land and property.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Usurpation