Fix real estate harassment

Fix real estate harassment

The harassment lawsuit is also one of the seizure lawsuits. Possession lawsuits are lawsuits that restrict the owner’s use and possession of his property. The customary meaning of harassment is in line with its legal meaning in Article 160 of the Code of Civil Procedure, which stipulates: “It is without taking the property out of the possession of the occupier.”

In a property harassment lawsuit, the petitioner seeks to prevent the harassment of someone, without the intruder taking the property out of the possession of the occupier but does not allow the full use of the possessor of the property. In order to file a petition for the removal of harassment, the plaintiff must prove his or her record of non-harassment possession of the property. In addition, he must prove that the current harassment of the defendant is without his consent and that the harassment of the defendant is illegal.

In a lawsuit for the obligation to eliminate harassment, the plaintiff is the possessor of the property and the defendant in the lawsuit is also the harasser of the property. The competent court is the court where the property is located in order to hear the case of the obligation to remove the harassment. In a harassment lawsuit, the court only examines the occupants and does not need to deal with the property issue. In the common areas of apartments, if one of the residents prevents another use, the interested person can file a lawsuit to remove the harassment, and the lawsuit to remove the aggressive occupation cannot be heard. A lawsuit for harassment of a right can also be heard if a person interferes with the exercise of his right without taking the property out of the possession of the owner.

If you have any questions about property harassment lawsuits or seizure lawsuits and related rulings, or if you need guidance in drafting and enforcing its provisions, our experienced counselors and attorneys at the Asian Bar Association will answer your questions.