Law of Real Estate Registration

Definitions

Article 1

  • The following terms and phrases —used herein— shall have the meanings assigned thereto unless the context requires otherwise:

    • Real Estate Register: A register which includes documents pertaining to the description, location and legal status of a real estate as well as its rights and obligations and any modifications thereto.

    • Real Estate Area: A group of real estate units marked by principal roads or fixed and clear landmarks.

    • Map: A cadastral architectural drawing based on a national coordinates system indicating the location, boundaries, landmarks, numbers, dimensions, and size of a real estate area and unit(s).

    • Topographic Base Maps: A representation of a certain area of land surface with its different landmarks, according to a precise scale that represents a fixed ratio between the linear dimensions of the map and the original corresponding dimensions on the ground.

    • First Entry: Entering real estate units in the real estate register for the first time on an as-is basis and assigning a particular cadaster for each unit, in accordance with the provisions of this Law.

    • Boundary Marking and Recording: Inspecting the real estate unit; drawing a map thereof by an architect or surveyor, indicating number and details thereof; and recording statements made by the owner along with supporting documents as well as statements of any person claiming a right thereto and statements of neighbors and others, if necessary, using the form designated for this purpose. This shall be carried out under the supervision of a judge of the competent court.

    • Subsequent Entries: Entry of any disposition relating to the real estate unit following the completion of the first entry in the real estate register.

    • Competent Court: The court under whose jurisdiction the property falls.

    • Real Estate Right: A right recognized by law for one person or more over a particular property, allowing disposition thereof and benefit therefrom.

    • Original Right in Rem: An independent right, not based on another right, relating to the use, exploitation, or disposition of the property subject of such right.

    • Subordinate Right in Rem: A right established for the property to guarantee a right in personam.

    • Right of Easement: A real estate right in rem limiting the utilization of a property for the benefit of another property owned by another person.

General Provisions

Article 2

  • A real estate register shall be established in accordance with the provisions of this Law to record real estate rights and amendments thereto.

Article 3

  • The real estate register shall be dispositive, and its data may not be contested upon expiration of the periods specified for objection under this Law, unless it violates the requirements of Sharia or upon forgery.

Article 4

  • For the purposes of implementing the provisions of this Law, a real estate unit shall be defined as:

    • 1. any plot of land, including any buildings, plants, etc. existing thereon, that is located in one real estate area and owned by one or more persons, without any part thereof separated from the other parts by any public or private property, and without any part thereof subject to a right or an obligation that the other parts are not subject to;

    • 2. any plot of land allocated for public benefit, in accordance with rules set forth in the implementing regulations; and

    • 3. mines and quarries.

Article 5

  • Pursuant to a decision by the Minister of Justice and upon agreement with the Minister of Municipal and Rural Affairs, a residential area or any other area may be deemed a real estate unit in its entirety, with a single public cadaster, in cases where it is difficult to apply thereto the rules of the real estate unit. A special record shall be created where all transactions and rights pertaining to such areas are entered. Said record shall include names of persons indexed alphabetically and shall be attached to the related cadaster.

Article 6

  • Each area shall be assigned a real state register, with a single cadaster for each real estate unit, wherein its rights and obligations are recorded. The implementing regulations shall specify the manner of creating such a register and determine data and documents related thereto.

Article 7

  • Each real estate register shall be supplemented by an alphabetical, personal index from which its data is retrieved. In such index, each owner is assigned one or more cadasters indicating the real estate unit(s) he owns and any changes that may occur thereto.

Article 8

  • Real estate rights shall be recorded in the real estate register if they have arisen or been established by reasons of acquisition of rights in rem under Sharia. The implementing regulations shall set the conditions and procedures for the entry of such rights.

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