Urgent Claims | When and how to file a lawsuit to stop new work?
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
Real estate rights are considered among the most important rights protected by the Saudi regime. The executive regulations of the Sharia Litigation Law establish precise procedural mechanisms for filing lawsuits before general courts and regulate urgent judicial rulings to prevent harm resulting from the creation of neighbors.
Hence, the lawsuit to stop new businesses comes as a decisive preventive measure aimed at temporarily stopping encroachments before they become a fait accompli that is difficult to remedy.
What is meant by new businesses in the Saudi law?
Article 210 of the Executive Regulations of the Sharia Procedures System defines new acts as those that the defendant has begun to perform on his property and that are likely to harm the plaintiff.
An example of this is when the defendant builds a long wall, which may block light from the windows on the plaintiff’s property.
What is a lawsuit to stop new business?
What is a lawsuit to stop new business?
It is the plaintiff’s demand to stop the actions that the defendant began on his property, which may lead to harm to the plaintiff.
The new business suspension lawsuit form is considered an urgent lawsuit stipulated in Article 206 of the Sharia Litigation System. It is a preventive lawsuit that aims to prevent harm before it occurs.
The court’s jurisdiction is limited to temporarily stopping these works and preventing their completion only, not removing them.
This lawsuit does not include a decision on the plaintiff’s request for compensation for damages because it is outside the jurisdiction of the urgent judiciary.
What are the conditions for filing a lawsuit to stop new work?
The following conditions must be met to file a lawsuit to stop new work:
- These works must be in the defendant’s property.
- These works must have begun but not been completed.
- That these actions are harmful to the plaintiff.
- These actions must be within the jurisdiction of the public judiciary.
Is it possible to file a lawsuit to stop new work after completing these works?
The plaintiff cannot file a lawsuit to stop new work before the urgent judiciary after its completion, because the system explicitly stipulates in Article 210 of the Executive Regulations of the Sharia Procedures System that if new work is completed before it is stopped and it causes harm to the plaintiff, then it is not part of the urgent judiciary, but rather it is a matter of claims to remove the harm.
Therefore, the plaintiff can file a separate lawsuit before the general courts against the defendant to demand the removal of the damage and compensation for it after the completion of the new works.
What is the format of a lawsuit to stop urgent business?
What is the format of a lawsuit to stop urgent business?
The form for filing a lawsuit to stop new construction work must include the following data:
- Determine the competent court and its headquarters.
- Data of the plaintiff and defendant.
- Details of the incident, including the date and day it occurred.
- Clarifying the plaintiff’s relationship with the defendant and the disputed right.
- Legal and legal chains of transmission.
- Determine requests “stop new work carried out by the defendant”
Remember, a new business cessation lawsuit is not just a routine procedure, it is your first legal shield to protect the stability of your property and prevent irreparable damage later.
Do not leave your rights hostage to personal jurisprudence or procedural complexities. Whether you need careful drafting of the lawsuit list, or legal advice to evaluate your chances of success before the judiciary, the elite lawyers specializing in real estate cases from the office of Lawyer Abdul Majeed Al Rashid are ready to provide the legal support you need efficiently and professionally.
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