Land Partitioning Transactions in Jordanian Law

29-Nov-2024
Jordan Land Partitioning Law




Land Partitioning Law in Jordan

Land partitioning involves the setting of new boundaries for a piece of land, based on any change to the existing boundaries. This results in new legal requirements and fees. According to the Jordanian land law, there are multiple types of land partitioning: voluntary, by exchange, donation, or sale. Partitioning may occur between landowners wishing to consolidate their ownership across different regions or villages.


What are the types of lands under the Land Partitioning Law in Jordan?

  1. Residential Land:
    Residential lands are designated for development and housing. They fall under regulatory rules and include different classifications such as Residential A, B, C, D, Private Residential, Rural Residential, and Agricultural Residential.

  2. Agricultural Land:
    Agricultural lands are fertile lands suitable for farming or investment. They are regulated to preserve agricultural cover and are classified into three types:

    • First-degree Agricultural Areas
    • Second-degree Agricultural Areas
    • Third-degree Agricultural Areas
  3. Unregulated Land (Outside Municipal Boundaries):
    These lands are located outside municipal and government institution boundaries. They are large in size and are not serviced by the government.

  4. Regulated Land (Within Municipal Boundaries):
    These lands fall within the boundaries of municipalities and are serviced comprehensively. They generally have small areas with higher construction ratios compared to unregulated lands.


What are the conditions for partitioning residential land?

Residential land partitioning is subject to regulatory rules, including judicial and voluntary partitioning, with the following conditions:

  1. Minimum Area for Partitioning:
    Partitioning is based on residential zoning regulations:

    • Residential A: Minimum area of 1,000 square meters
    • Residential B: Minimum area of 750 square meters
    • Residential C: Minimum area of 500 square meters
    • Residential D: Minimum area of 250 square meters
    • Rural Residential: Minimum area of 1,000 square meters
    • Agricultural Residential: Minimum area of 4,000 square meters
  2. Road Width:
    Roads in residential areas must not be narrower than the legal standards set by zoning regulations.

  3. Approval of Competent Authorities:
    Approval must be obtained from the relevant committees and the municipality where the land is located.

  4. Issuance of Partitioning Permit:
    A permit must be issued by submitting a request to partition the land to the relevant authority.


Procedures for Partitioning Lands within Regulated Areas

The following steps summarize the process of obtaining legal approval for partitioning residential lands:

  1. Submission of the Application:
    For voluntary partitioning, the licensed surveyor prepares the application, attaches all necessary documents, and submits it to the Department of Land and Survey for review. For judicial partitioning, the application is submitted to the court.

  2. Document Verification:
    The documents are reviewed by the officer in charge at the relevant department.

  3. Review by Regulatory Committees:
    The request is presented to the zoning committee for a decision.

  4. Payment of Partitioning Fees:
    Fees for both voluntary and judicial partitioning are paid to the cashier at the Department of Land and Survey.

  5. Completion of Procedures:

    • For voluntary partitioning, the application is referred for finalization and issuance of land registration deeds.
    • For judicial partitioning, necessary approvals are obtained, and land registration deeds are issued.

    Procedures for Partitioning Lands Outside Regulated Areas

    To begin the process for lands located outside municipal boundaries, the following steps must be undertaken:

    1. Ensure Compliance with Requirements for Partitioning Regulated Lands:
      The procedures for partitioning agricultural lands outside regulated areas follow the same conditions as those for partitioning regulated lands.

    2. Fulfillment of Agricultural Land Partitioning Requirements:
      Ensure the agricultural land complies with the necessary zoning and agricultural preservation conditions before completing the partitioning process.

    Procedures for Land Partitioning According to the Department of Lands and Survey

    1. Submission of Application:
      The licensed surveyor prepares the application and attaches all necessary documents before submitting it to the Directorate of Land Registration in the region where the land is located.

    2. Verification of Application:
      The application is referred to the Registration Section for review and verification.

    3. Valuation and Determination of Fees:
      The application is transferred from the Registration Section to the Valuation Section to estimate the fees and value of the transaction.

    4. Approval of Valuation:
      The valuation is reviewed and approved by members of the Valuation Committee.

    5. Final Review:
      The application is sent for final review by the Directorate of Land Survey Services.

    6. Export of Official Documents:
      An official letter is issued by the Directorate of Land Registration to confirm completion of the transaction.

    7. Completion and Registration:
      After the transaction is approved, land deeds are issued, signed, and stamped as per regulations.


    Required Documents for Land Partitioning Requests

    1. Recent land registration deed.
    2. Recent cadastral map of the land.
    3. A detailed site map with clear demarcations.
    4. Inspection report.
    5. Technical field survey report.
    6. Data sheet showing changes in land shares (two copies).
    7. Partitioning agreement between partners (if applicable).
    8. Decision by the local committee.
    9. Land partitioning form.
    10. Letter from the Minister of Municipal Affairs and other relevant authorities.
    11. A valid copy of the surveyor's license.
    12. Clearance certificate from the financial department of the municipality.
    13. Five copies of partitioning maps.


    Common Questions about Land Partitioning

    1. What is the difference between "State Land" and "Private Land"?
      State land refers to areas outside municipal boundaries, where the government retains ownership and individuals have limited rights. Private land refers to areas within municipal boundaries, where full ownership and disposal rights are granted to the individual.

    2. What is the difference between regulated and unregulated land?
      Regulated land falls within municipal boundaries and is fully serviced with infrastructure. Unregulated land lies outside municipal boundaries and lacks services until incorporated into the municipality.

    3. How do I know if my land is classified as partitioned?
      You can verify the classification of your land by entering the required data on the Department of Lands and Survey's official website.

    4. What are the fees for land partitioning?
      Fees are calculated as 0.5% of the original parcel's value for each newly partitioned plot. An additional 0.1% fee applies for any increase in the partitioned land's area.

    5. What does "partitioned land" mean?
      Partitioned land refers to a plot with clearly defined boundaries and an official deed issued for it, facilitating its sale, purchase, and other transactions.

    6. How can I learn more about residential and commercial lands in Amman?
      You can contact the team at Homes Jordan or explore their articles on topics like residential and commercial land for sale in Amman.


    Lands for Sale in Amman

    Commercial lands for sale in Um Al-Sumaq

    Sources

    The article draws on information from the Department of Lands and Survey, legal firms, and property websites like Homes Jordan.


    Residential lands for sale in Amman - Homes Jordan 

    Commercial lands for sale in Amman - Homes Jordan


    Finally, do not hesitate to contact the Homes Jordan team to inquire and ask about the lands offered for sale and complete all stages of the sale and purchase process legally.

    All rights reserved to Homes Jordan 2024 The article was written with modifications from the following sources:

    Land Division - Department of Lands and Survey

    https://bestlawfirmjo.com/قانون-إفرق-الراضي-الزراعية-في-الأردن/