Kuwait Court of Cassation principle number 4012

Erecting buildings or planting on another’s land in good faith or with the owner’s permission does not entitle him to demand their removal. The person who built or planted has the right to request removal provided that it causes no damage to the land. The landowner may acquire ownership of these buildings or plantings by accession in return for the value of what the builder or planter spent on materials or labor charges, or the increase in the land’s value resulting from what was introduced upon it. The condition for this. Article 833/1. An example. - Erecting a chalet with permission from the Undersecretary of the Ministry of Finance in his official capacity. His revocation of the permission while retaining the chalet and selling the right to exploit it. Requires an award to the builder of the value of the building materials and labor charges. The appealed judgment’s contravention of this. Requires its reversal and an award of the aforementioned value. - Pre-emption: