Revival between reality and claim: A Legal Reading of Real Estate Possession Claims
Dr. Dr. Abdulhakim bin Abdullah Al-Kharji
In a time when machinery had not yet entered the fields of agriculture, and water or electricity networks had not extended their reach, some claims of possession of vast lands - extending to hundreds of thousands or even millions of square meters - seem to invite reflection and even legitimate questions.
<Does it make sense, legally and logically, for one person, or even a limited group, to have cultivated such a huge virgin land in a dry desert a century ago? Is a mere claim of revival, without legal or physical proof, sufficient to stabilize possession and transfer ownership? <The land system and ownership procedures in the Kingdom have undergone delicate organizational transformations, most notably the revival system and its legal applications, in which the revival is supposed to be actual, continuous, and proportional to reasonable human effort. In its jurisprudential concept, revival is not by claim, but by witnessed action and tangible result. The logic of revival is that it should be within the limits of human capacity and that the land should be regularly utilized, not that revivals should be mere fences that are not followed by planting, or claims that are not supported by a trace.
Hence, the consideration of revival in jurisprudence should not be based on claims, but rather on witnessed action and tangible results. <Hence, when considering such claims, one should take into account the criterion of realistic logic, appreciate the historical circumstances and the limited means at the time, take into account the testimony of neighbors and experts, and not be lenient in granting deeds of ownership for land that was only cultivated on the papers. <Respecting private property does not mean being dragged behind unsupported claims, and protecting public lands is both a legal and a national responsibility. Justice is not in giving ownership to the undeserving, but in fortifying the right and preventing it from being claimed unjustly.
A lawyer and specialist in governance and legal compliance.
