Real Estate Ownership Law issued by Resolution No. 3339 of 1930.
Country
Type of law
Legislation
Abstract
This Resolution consists of 9 Sections divided into 270 articles. Section I deals with real estate. Sectiuon II provides for property. Section III concerns with easements. Section IV relates to mortgages. Section V pertains to privileges and enforcement. Section VI refers to endowments and leasing. Section VII deals with ownership rights. Section VIII refers to promise to sell and to choose. Section IX contains registration right in the Land Register.
In Chapter III the Law includes some provisions relating to water resources on the property, including (i) every property owner has the right to use the rain water falling on his land and to dispose of it. But if the use of this water or the direction to which it was directed would increase the burden of the natural easement resulting from the stream, mentioned in the previous article, the owner of the low land must be compensated (art.60); (ii) provides for a legal easement for public interest, whether its purpose is to gain access to the sea shores and the banks of waterways, or to secure or facilitate the task of preparing public roads or facilities, and taking care of them or their use, and in particular military facilities on land or at sea (art.63); (iii) every property owner who wants to use it to irrigate his land with the natural or artificial water that he has the right to dispose of, can obtain the passage of this water in the lands intermediate between it and his land, provided that he accelerates this in compensation (art.77); (iv) every owner of a real estate adjacent to a watercourse, if he wants to use water to irrigate his land, can obtain, in return for an expedited compensation, a permit to assign the technical constructions necessary for the establishment of the water intake (art.79); (v) disputes that may result in the creation and use of this easement right, and in determining the waterway, in carrying out the necessary works for draining water or draining, or in compensation and maintenance costs, shall be submitted to the Magistrate of the Peace of the Region, who shall, when rendering his judgment, reconcile the interests of The project and due respect for the right of ownership (art.83).
In Chapter III the Law includes some provisions relating to water resources on the property, including (i) every property owner has the right to use the rain water falling on his land and to dispose of it. But if the use of this water or the direction to which it was directed would increase the burden of the natural easement resulting from the stream, mentioned in the previous article, the owner of the low land must be compensated (art.60); (ii) provides for a legal easement for public interest, whether its purpose is to gain access to the sea shores and the banks of waterways, or to secure or facilitate the task of preparing public roads or facilities, and taking care of them or their use, and in particular military facilities on land or at sea (art.63); (iii) every property owner who wants to use it to irrigate his land with the natural or artificial water that he has the right to dispose of, can obtain the passage of this water in the lands intermediate between it and his land, provided that he accelerates this in compensation (art.77); (iv) every owner of a real estate adjacent to a watercourse, if he wants to use water to irrigate his land, can obtain, in return for an expedited compensation, a permit to assign the technical constructions necessary for the establishment of the water intake (art.79); (v) disputes that may result in the creation and use of this easement right, and in determining the waterway, in carrying out the necessary works for draining water or draining, or in compensation and maintenance costs, shall be submitted to the Magistrate of the Peace of the Region, who shall, when rendering his judgment, reconcile the interests of The project and due respect for the right of ownership (art.83).
Attached files
Web site
Date of text
Notes
Article 30 of this Law is amended according to Law No.322 of 4/21/2001.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
قانون الملكية العقارية الصادر بقرار رقم ٣٣٣٩ لسنة ١٩٣٠