Kuwait Court of Cassation principle number 2601

The mere existence of a road on the disputed land does not, in itself, constitute evidence of the State's ownership thereof. Reason for this. The use of privately owned land as a thoroughfare does not alone constitute its dedication to public benefit. Continuation of such use for the period necessary to acquire ownership by long prescription. Its effect. The State acquires ownership of the land and dedicates it to public benefit immediately upon completion of that period. The State may assert against individuals that they do not own it. - Establishing possession and its manifestations, and assessing the evidence in the action and the facts leading to the existence of possession satisfying its legal conditions as a presumption of ownership. A matter for the trial court. The court may adopt the filed expert report whenever it is satisfied with it. Thereafter, it is not at fault if it does not grant a request to appoint another expert in the action. - 502 - Obligation