Many people believe that a property becomes fully secured once it is officially registered.
However, there are cases where the owner discovers that their ownership has been transferred to another party without their knowledge.
The crime of seizing others’ real estate in the UAE is considered one of the most serious offenses that threaten real estate security in the United Arab Emirates.

What is the Crime of Seizing Others’ Real Estate in the UAE?

The crime of seizing others’ real estate is one of the most serious crimes affecting the foundation of ownership, a right guaranteed and preserved by the UAE Constitution.

The crime of seizing others’ real estate occurs when a person gains control of or disposes of a property they do not own without the legitimate owner’s consent, with the intent of ownership or illicit gain.

Furthermore, this crime does not only affect the property owner; it threatens the trust of clients in the entire real estate system.

The crime of seizing others’ real estate is considered an infringement upon the stability of transactions and property rights. Therefore, this crime is dealt with strictly by the legal authorities.

Conviction for the crime of seizing others’ real estate can only be confirmed if the main elements of the crime are present.

Elements of the Crime of Seizing Others’ Real Estate

The crime of seizing others’ real estate is a punishable offense under the law, and according to the rules of criminal liability, it must satisfy the three essential elements of the crime, as follows:

The Material Element (The Criminal Act)

This is the tangible conduct committed by the perpetrator, which is manifested by them disposing of a property they do not own as if it were theirs, whether through:

• Transferring the property’s ownership to their name without a legal right.

• Submitting fake documents to register the property in their name in the land registry.

• Executing a sale or lease contract with a third party without authorization from the true owner.

• Carrying out construction or occupying the property without legal authorization.

The Moral Element (Criminal Intent)

Criminal intent is the perpetrator’s will and intention to commit the crime of seizing others’ real estate in the UAE, and it includes:

• The perpetrator’s knowledge that they do not own the property and have no right to it.

• The clear intention to seize or profit at the expense of the true owner.

• The absence of good faith on the part of the perpetrator.

It is not required that the perpetrator has achieved an actual gain; committing the crime of seizing others’ real estate with criminal intent is sufficient.

The Legal Element (The Legal Text)

A crime is not considered as such unless there is a legal text that criminalizes the act. Federal Decree-Law No. 31 of 2021 concerning Crimes and Penalties has regulated this type of crime within the law of offenses against property.

Specifically, Article 451 punishes the unlawful seizure of another person’s property, whether movable or immovable, if carried out through illegal means such as forgery or fraud. By contacting Samaha Legal Consultations office, you can learn all the legal details in this regard.

Penalty for the Crime of Seizing Others’ Real Estate in the UAE

Federal Decree-Law No. 31 of 2021 concerning the Issuance of the Penal Code has regulated the crime of seizing others’ real estate and specified severe penalties, including:

Imprisonment and Fine

According to the text of Article 451 of Federal Decree-Law No. 31 of 2021 concerning the Issuance of the Penal Code for the crime of seizing others’ real estate in the UAE,
the penalty is aggravated in the following cases:

• If the subject of the crime is real estate.

• If the seizure of the property was carried out using forged papers or fake documents.

• If the crime resulted in severe damage to the true owner.

Restitution of Property and Compensation for Damages

The penalty is not limited to imprisonment or a fine; any legal actions resulting from the seizure, such as sale contracts or transfer of ownership, are cancelled.

The property is returned to its rightful owner, even if it has been transferred to other parties.

The perpetrator is obligated to pay financial compensation for the material and moral damages incurred by the owner.

It is important to know that the crime of seizing others’ real estate does not lapse by prescription (statute of limitations), and the aggrieved party retains the right to legal claim at any time as long as they have proof of ownership.

With Samaha Legal Consultations office, you can pursue the appropriate restitution and compensation procedures.

How Can Our Office Help If Your Property is Seized by Others?

If you have been subjected to the crime of seizing others’ real estate in the UAE, Samaha Legal Consultations office provides you with full support from the moment the problem is discovered until all your rights are fully restored. We are distinguished by our extensive experience in real estate and criminal cases, and Samaha performs a detailed legal analysis of the situation and determines the basis upon which the case for the crime of seizing others’ real estate can be built.

• Gathering the necessary evidence and documents to prove ownership and show the aspects of the transgression on the property.

• Filing a criminal lawsuit against the aggressor for unlawful seizure and carrying out all procedures before the Public Prosecution.

• Filing a parallel civil lawsuit to demand the cancellation of the ownership transfer and the recovery of the property, along with compensation for damages.

• The lawyer from the office represents you before all judicial and official authorities
  and follows up on the crime of seizing others’ real estate until the judgment is issued and executed.

• Providing future preventative advice to protect your real estate ownership from any future aggression.

What Steps Should Be Taken If You Discover Your Property Has Been Seized?

• Verify the property seizure by reviewing the land registry.

• File a complaint with the competent authorities.

• You can consult a specialized lawyer, such as Samaha Legal Consultations, in real estate cases to provide correct legal advice.

Can the Property Be Recovered Even If It Has Been Sold to Other Parties?

Yes, the property can be recovered even if it has been sold to other parties, but this depends on the validity and circumstances of the sale process.

If the commission of the crime of seizing others’ real estate is proven, legal action can be taken to reclaim the property even if it was sold to other parties.

How Long Do Cases of Seizing Others’ Real Estate Take?

The duration of cases concerning the crime of seizing others’ real estate in the UAE varies depending on the complexity of the case and the volume of available documentation.

In general, the duration of the crime of seizing others’ real estate may take several months to several years.

Real estate ownership remains a pillar of economic security, and the crime of seizing others’ real estate poses a real threat that must be firmly addressed.

We have clarified that UAE law is strict in dealing with this crime, emphasizing the necessity of meeting the three elements (Material, Moral, and Legal) to impose punishment,
which is not limited to imprisonment and a fine but extends to include the cancellation of dispositions, restitution of the property, and compensation for the affected owner.

Protecting your real estate investment requires constant legal vigilance.
If you have been or fear being subjected to the crime of seizing others’ real estate in the UAE, the best solution is immediate action and seeking specialized legal expertise.

Samaha Legal Consultations office is ready to provide full support, from analyzing the situation and gathering evidence to representing you judicially to ensure the full recovery of your ownership and obtaining fair compensation.

Do not let your real estate right be lost, Contact us today to secure your property or to initiate procedures for the recovery of your ownership efficiently and professionally.