SCA 3443904/2013

The case involved a boundary dispute. The expert report had concluded that deeds given by the trespasser as evidence had shown it was not his land. However, the claimant had previously surrendered the land to speed a planning application. He had lost the right to the disputed land as that which has been surrendered cannot be returned.

Background

A landlord claimed that he owned a piece of land on which there was a building and that the landlord of the adjacent property had taken some of his land. The landlord filed a case before Madinah General Court (Case Number 33476125 Folder Number: 342935 on 19/11/2012) requesting the court to order the neighbour return the land.

The neighbour denied the claims and stated he owned the land and submitted an ownership deed.

The court contacted the experts section to survey the area and verify the truth. The experts reported the neighbour had indeed exceeded the boundaries specified in the deeds but the experts also added that the claimant had agreed to surrender this part of the land to the neighbour as was shown in a planning permission for the building.