The urban boom that has been witnessed in Jordan for many years and continues to the present has affected many different sectors. The growth of this boom has been influenced by various factors, including Jordan’s environment and climate, in addition to the significant population movement to the capital, Amman, and the migration of people between the different governorates of the Kingdom. As a result, real estate has diversified, and its classifications and types have varied according to their purposes.
Today, there was a need for special provisions and laws to regulate real estate ownership and protect the rights of property owners. Therefore, the Real Estate Ownership Law was established to achieve the primary goal of protecting rights and balancing the interests of all parties while advancing the urban sector.
This law is a set of legal provisions that regulate matters related to property in Jordan. It includes specific provisions regarding the following:
The Real Estate Ownership Law was established to provide a legal framework that ensures security for real estate transactions, guaranteeing the rights of individuals and companies in property dealings.
The primary classification of real estate is divided into buildings and lands. These are further categorized into various types, including:
Owned Property: This refers to property owned by one or more individuals, registered with the Lands and Survey Department, and the owner has the right to dispose of the property in any manner, including inheritance. It is subject to ownership provisions such as sale, mortgage, and endowment.
Endowed Property (Waqf): This is property that is designated for charitable purposes and cannot be sold or divided. Endowment types include public waqf, charitable waqf, family waqf, and joint waqf.
Abandoned Land: This refers to land owned by the state treasury that is left for public benefit or the benefit of a specific group.
Dead Land: This is land that is not owned by anyone and cannot be owned. It is often uninhabited or undeveloped, is not registered, and is not used.
National Property: The first type is public property, which includes all real estate used by the public, such as roads, schools, airports, courts, government departments, and others. The second type is private national property, which includes real estate that does not have a known owner or lacks an identified owner.
Private Property: These are properties owned by one or more individuals and are registered with the Lands and Survey Department. The owners have the right to dispose of them.
Endowed Property: These are public waqf properties, such as those owned by charitable organizations or mosques. The other type is private endowed property, which is held in trust for specific individuals and may be used as waqf.
In 2019, several amendments were made to the Real Estate Ownership Law, including:
Abolition of the Miri Land Classification: The classification of "Miri" lands was abolished, and these lands were converted to private ownership ("Mulki").
Modification of Pre-emption (Shuf’ah) Provisions: This modification gives the neighbor the priority right to purchase adjoining land before it is sold to outsiders, under specific and limited conditions.
Changes to Agency Provisions: Real estate agency rules were modified to ease administrative burdens, including adjustments for non-revocable agencies in the property registry.
Simplification of Legal Procedures: Several legal procedures were simplified to ease real estate transactions.
Updating the Land Registry: The land registry was updated to include a more comprehensive set of documents, including paper and electronic files, maps, and legal descriptions of the property.
Regulation of Unregistered Properties: Unregistered properties were regulated to establish ownership and facilitate their registration.
Expropriation Regulations: Provisions were made for public expropriation for public benefit, along with compensation procedures.
Regulation of Endowed Properties: Provisions for managing endowed properties (waqf) were established to simplify ownership and usage for beneficiaries.
Regulation of Abandoned and Dead Land: Regulations were set for managing abandoned (muwat) and dead lands.
Updating the Property Map: The property map was updated for better clarity.
Regulation of Disputes: Procedures for resolving disputes regarding property rights or usage, including water rights, were established.
A legal procedure to confirm ownership of property in case of a dispute or conflict.
Claims must be filed in the appropriate court along with all necessary evidence and documents proving ownership rights.
The Real Estate Ownership Law outlines the legal framework for property matters, while a property ownership claim is a specific legal action taken in court when there is a dispute over property ownership.
Yes, in 2019, the classification of Miri land was abolished and converted to private ownership (Mulki).
In Jordan, the buyer usually pays the property transfer fees, though this can be negotiated between the buyer and seller.
To file a claim, the individual must present the relevant court with documents such as the ownership deed, sales contract, and, if required, witnesses. The court examines the evidence and issues a ruling, which is then recorded in the property registry.
The Homes Jordan team has covered many articles related to real estate ownership and construction, which help you build a complete understanding before purchasing and owning property, such as:
The Homes Jordan team of legal and real estate consultants will guide you step by step in making the right decision when finding and purchasing the right property.
All rights to this article are reserved for Homes Jordan 2024. The article was written with modifications based on the following sources:
Promise to Sell Contract
02-Dec-2024
Land Partitioning Transactions in Jordanian Law
29-Nov-2024
Real Estate Cases in Jordan
24-Nov-2024
Properties under construction in Jordan
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