Illegal occupation, commonly described as qabza, ranges from a tenant refusing to vacate to organised occupation of vacant land. The correct remedy depends heavily on how possession was obtained, so the first task is to characterise the situation accurately.
Do not take possession back by force
The instinct to remove occupants physically is understandable and almost always counterproductive. It exposes you to criminal liability, converts a civil dispute into a criminal one, and frequently damages the case you would otherwise have won.
Civil remedies
- A suit for possession, where your title is established and you seek recovery
- A suit for declaration where your ownership itself is being denied
- Injunctions restraining further construction, transfer or interference
- Mesne profits, being compensation for the period of wrongful occupation
Where the occupation is criminal
Certain forms of forcible dispossession attract criminal liability, and specific legislation exists in the provinces addressing illegal dispossession of property. Whether the criminal route is available depends on how possession was taken and by whom.
Criminal and civil proceedings can run in parallel, and often should.
Tenants who will not vacate
A tenant who remains after the tenancy ends is a different problem, dealt with through rent legislation and ejectment proceedings rather than as illegal occupation. Treating it as qabza wastes time in the wrong forum.
Secure the position first
The immediate priority is usually preventing the position from getting worse: stopping construction, stopping onward sale, and preserving evidence of the current state. An injunction obtained early is worth more than a decree obtained late.
What to do next
Bring the title documents, revenue record extracts, photographs of the current position, and a chronology of how and when occupation began.