Kuwait Court of Cassation principle number 1860

Land situated within the planning boundaries south of the Fifth Ring Road, in the village of Al-Jahra and on Failaka Island is, in principle, privately owned, except for what is proved to be owned by the State. Claiming ownership thereof and adducing legally admissible evidence of that ownership without being bound by the provisions of Law No. 5/1975. Permissible. - The addressee of Articles 13, 14 of Law No. 5/1959 concerning real estate registration and Articles 3, 5 of Law No. 5/1975 concerning instruments establishing the root of title or right in rem. It is the authority entrusted with registration procedures and the administrative committees, without prejudice to the courts’ right, when hearing actions to establish ownership, to accept any evidence among the legal means of proof. - The assertion that a road exists on the land does not constitute evidence of the State’s ownership thereof. - Use of privately owned land as a thoroughfare. Does not by itself allocate it to public benefit and render it public property of the State. The exception. Its continuation for the period necessary to acquire ownership by long prescription. - Aerial photographs have conclusive evidentiary force in disputes between individuals and the State concerning land ownership. No other evidence is admissible to negate this evidentiary force, and it does not affect the courts’ authority to understand the true nature of the signs and features contained in these photographs and assess their significance. - Long possession, with its material and mental elements. A fact susceptible of proof by all means of proof. Its assessment lies within the authority of the trial judge whenever his inference is reasonable. - 535 - Administrative