What Action Can Be Taken If a Foundation's Real Estate Is Occupied Without Permission?

Real Estate and Assets

Prepared by: Constantinople

A person using foundation property cannot necessarily be assumed to be a tenant. Use may be based on a lease, allocation, temporary permission, another right or no legal basis. The initial review identifies the user's capacity and the date from which any basis ceased. Preventing interference, eviction and compensation for use are distinct claims. The foundation category and property's status may also affect whether an administrative or private-law remedy is considered.

Title records, acquisition documents, any earlier lease or allocation agreement, permissions, notices and records showing the start of use are required. The area actually used, users and benefits obtained should be documented. The need for photographs, an on-site examination or evidence preservation is assessed for the case. Subjecting new-foundation property and mazbut property administered by the Directorate to the same administrative occupation-compensation procedure may be incorrect. Nearby advertisements alone should not be considered sufficient for calculating compensation either.

If use began with consent, its scope and termination are important; all past periods should not be expected automatically to count as unlawful occupation. Establish the ownership and use chain to distinguish available protective remedies and monetary claims. If evidence may be lost or new use granted to a third party, timing is planned separately.