Jurisprudential and Legal Study of Individuals Land Ownership due to The Coming Forth of Sea Water

The ownership and its decline in civil law and Imamiyya jurisprudence are based on specific means. In this context, civil law in Rule 140 states four reasons for ownership which they are also the methods of property transfer. On the other hand, respect for private property of individuals has always been subject to the legislator's attention and has formed the foundation of many laws on legal and criminal issues.  In this article, the author seeks to analyze the status of lands that have a special owner and squatter, but the land has been underwater due to the coming forth of sea water, lakes or rivers, and it is not possible to determine the situation of the former and current state. The main questions that can be discussed in this field are whether this condition causes the deterioration of land ownership? Do people still own those properties? For example, can they build buildings or use other uses with up-to-day equipment on seawater in their ownership limits? Or is private property rescinded and, in accordance with Principle 45 of the Constitution, it is a public property? And in the recent assumption, if the sea water returns later, can individuals claim ownership based on their former ownership? Therefore, if the sea moves forward in the coastal area, so that some land and houses of some people are under water, in the conflict between private property and public interests, the protection of public property will arise.