What Should You Do If Someone Illegally Occupies Your Property in Iran?
2025-03-31

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.
Get Expert Legal Advice
For a consultation with a specialist attorney, contact Alemohammad Law Office.
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