Civil liability for damages caused by encroaching construction on state land "An Analytical Comparative Study"

Abstract

Land is a very important wealth as it constitutes the territory of the state, which is one of its pillars. At the same time, it represents a great economic value for peoples' lives. Laws in general have given special priority to organizing it and identifying ways to protect it from all forms of aggression. In spite of this, the practical reality shows continuous attacks on the lands of others, especially the lands of the state, and one of the most important forms of aggression against state lands is building on it bypassing without the permission or approval of the land owner, all of this happens in the presence of a package of legislation that regulates and protects land ownership and possession .
The trespassing construction on state lands has become a very common and constantly growing phenomenon, and this trespass is carried out by individuals either due to their harsh living conditions, or it occurs as a result of the builder’s exploitation of his possession of the state’s land, or the builder exploits his influence to encroach on state lands by building. Undoubtedly, the encroachment on state lands by building results in, in addition to the assault on state land ownership, many other damages that affect ordinary individuals, such as the spread of random construction in city centers and violation of urban planning regulations, and the trespassing construction in the event of its completion by the builder raises many problems. Legal issues relating to the fate of the construction erected on state land and the civil and criminal liability arising from the builder by default.