This content is exclusively provided by FAO / FAOLEX

Land and Water Settlement Law No. 40 of 1952.

Type of law
Legislation
Source

Abstract
This Law, comprising 29 articles, regulates Land and Water Settlement, defined as encompassing all persons, bodies, and associations holding rights of disposal, ownership, or usufruct in land and water within the Hashemite Kingdom of Jordan, whether such rights are recognized or disputed. Settlement operations are conducted under the supervision and control of the Director (or authorized deputies), who determines when they commence, how they are carried out, and where they take place. The Director announces the settlement through a public notice specifying the location and start date of operations, and confirming that all persons with relevant rights are included. The Director also manages special settlement cases by resolving disputes over separated assets, excluding certain lands or waters in the public interest (with disputes referred to the courts), and registering public-use lands and unclaimed rights in the name of the Treasury. In addition, the Director (i) allocates water shares based on irrigated area and redistributes excess water with fair compensation; (ii) registers unclaimed and public-use lands to the Treasury; and (iii) may adjust land boundaries, roads, and access, with final decision-making authority in such matters. Any person whose rights have been omitted, incorrectly recorded, wrongly attributed, or improperly valued may submit a written objection to the Director. Article 13 establishes the Land and Water Settlement Court as a specialized local body with exclusive jurisdiction over settlement-related disputes, including the authority to hear claims, suspend registrations, and issue binding decisions in specified cases.
Under Article 17, the Water Register is derived from previously settled water rights, which are inseparable from the land unless otherwise approved in writing by the Director, who may also amend the register to correct errors or reflect transfers and subdivisions. Among the miscellaneous provisions: (i) landowners lacking road access may request the opening of roads, which are demarcated at their expense, with compensation for affected land determined by experts; (ii) the Director may designate access paths to public water sources, with costs borne by beneficiaries; and (iii) holders of specific rights—such as owners of trees, wells, or caves located on another’s land, or those requiring drainage access—may request partition or the establishment of rights of way, subject to compensation.
Date of text
Entry into force notes
This Law enters into force on the date of its publication in the Official Gazette.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
قانون تسوية الأراضي والمياه قانون رقم (40) لسنة 1952م