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What Should You Do If Someone Illegally Occupies Your Property in Iran?

2025-03-31

What Should You Do If Someone Illegally Occupies Your Property in Iran?

Introduction

Illegal property occupation is one of the most common and frustrating legal problems in Iran. You may own a house, land, shop, or even a garden — and someone takes possession without your permission and refuses to leave. In such situations, Iranian law protects you — but you must know what action to take, in which court, and with what documents.

This article explains, in simple terms, what legal rights you have if someone occupies your property, how to file a complaint, and how to prove your case.

What Is Illegal Occupation?

“Occupation” means using, living in, or controlling a property. If someone occupies property without the owner's permission, it is considered illegal — and in some cases, a criminal offense.

Article 690 of the Islamic Penal Code (Ta'zirat section):

“Anyone who, without legal authorization, occupies another person’s property, creates obstruction or denies the rightful use of the property, shall be sentenced to 1 month to 1 year in prison.”

Civil vs. Criminal Trespass

If you can prove that the trespasser knew the property was not theirs and intentionally occupied it, you can file a criminal complaint.

Conditions for Filing a Criminal Complaint

To file a criminal complaint for illegal occupation, the following conditions must be met:

You must prove ownership or prior possession

The trespasser took control without permission and with intent

The property is still under illegal occupation

What Documents Do You Need?

Strong documentation increases your chances of success:

Property deed or valid purchase contract

Utility bills in your name (electricity, water, gas)

Witness testimony confirming your prior possession

Police report or local council records

Photos, videos, or other evidence

Steps to File a Criminal Complaint

Visit the local police station or prosecutor’s office

File a criminal complaint, including details about the property and the trespasser

Provide ownership documents and other evidence

The case is referred to a judicial investigator (bazpors)

If proven, the case goes to criminal court

The judge may issue a sentence including eviction or imprisonment

Filing a Civil Lawsuit to Reclaim Property

If you don't wish to pursue a criminal case — or if you cannot prove criminal intent — you can file a civil lawsuit, such as:

Eviction (khal’-e yadd) – for properties with official deeds

Civil Adverse Possession (taṣarrof-e ‘adavāni)

Termination of Tenancy (takhliyeh-e yadd) – when a lease ends

Civil cases are filed with the Public Civil Court and require an official petition.

Important Legal Notes

Using force to reclaim property yourself is illegal and may lead to criminal charges

Combining a civil lawsuit and a criminal complaint can speed up results

In urgent situations, you can request a temporary court order for immediate eviction

Conclusion

If someone occupies your property without your consent, you can take legal action through criminal or civil proceedings to recover it and possibly punish the offender. Success depends on evidence, timing, and legal knowledge. Hiring a real estate attorney can make the process much faster and more effective.

Alemohammad Law Office has extensive experience handling property disputes, unlawful occupation, eviction, and litigation — and is ready to represent your rights.


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For a consultation with a specialist attorney, contact Alemohammad Law Office.

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