"Okaz" publishes the texts and details of the in-kind registration system for the new real estate

Okaz sources revealed the approval of the real estate registration system in 40 articles, provided that the real estate documentation systems in force before the entry into force of the real estate registration system on real estate that are not located in the declared areas will continue in accordance with the provisions of the system.

The system grants the General Real Estate Authority the competence to register real estate in kind and assign the registration to private sector companies. The authority undertakes the establishment of the real estate registry, and ensures the validity and accuracy of information and data. The system is distinguished by the fact that it grants real estate ownership absolute authenticity in proof.

As for subsequent real estate disposals, the system has been specified in the controls and procedures for recording real estate disposals. While it was not enough to register, with the obligation to include contracts and obligations, the will for the benefit of the property. It includes lease contracts if they are for a period of 10 years or more. The system clarifies the procedures for disposing of the properties described on the map and determining the controls for conducting survey and sorting works related to the real estate registration. The system also defined real estate as a plot of land and what is below and above it, with the exception of natural resources, and the height that is not authorized for its construction and exploitation – and what is on it of building or fixed extensions or plants or factories or other facilities such as ports, airports, electricity lines, pipelines and others.

As for the real estate right, it is considered a direct authority established by law for a person of a natural or legal capacity – or more, over a specific property that authorizes him to dispose of it or to monopolize its benefits or some of them.

The real estate registry is defined as a set of documents that show the description of the property, its location, its physical and legal condition, and the ensuing rights and obligations, and the amendments that occur thereto, in the light of the considered documents. In-kind registration was defined as making the property in place of the real estate right a basis for registering the right. The first in-kind registration is the registration of the property in the name of its owner for the first time.

The real estate registrar was described as the one who authenticates the first in-kind registration, and the actions or changes to the property that appear in its description, in accordance with the provisions of the law and regulation.

A real estate area is defined as a land location determined by a decision issued by the competent authority, subject to the provisions of the law and regulation.

The system considered the property registration deed as a document issued by the real estate registry to prove real estate data in conformity with the registry, according to the form specified by the regulation, including the location of the property, its boundaries, description, use, rights and obligations, the owner’s data, and any other data specified by the regulation.

The map was defined as an engineering survey drawing based on a national coordinate system, showing the location of the property, its boundaries, features, numbers, area, and any other digital and graphic data.

The owner is defined as a person of a natural or legal capacity that the real estate registry proves the right of ownership of a property for him. Whereas, the financial consideration was set at an amount due for in-kind registration services in accordance with the system and regulations. The system applies to all real estate located in the territory of the Kingdom.

According to the real estate registration system, the competent authority is concerned with the real estate registration, and it may seek the assistance of government agencies or assign to private agencies to perform what it deems of its related competencies.

The competent authority establishes the real estate registry, supervises everything related to it, and performs all procedures related to it. The competent authority ensures the correctness and accuracy of real estate information and data, and the rights and obligations that follow in the real estate registry and the resulting instruments and documents. The competent authority performs survey work related to registration procedures. In kind, in accordance with the national geospatial regulations and standards approved by the competent authority, and it is possible – without prejudice to the relevant laws and regulations – to use modern surveying methods – including aerial and space photography and other technologies – when carrying out these works.

The competent authority owns the exclusivity of the real estate registry and its data, and it has the right to invest the registry data with types of commercial exploitation, and to make it available to beneficiaries at fair prices that support development, as determined by the regulation.

Absolute authenticity of the record in the proof

The real estate registration system confirmed that the record should have absolute authenticity in the evidence, and its content works before the judiciary and all parties without additional evidence, and it may not be appealed unless the appeal is due to a clerical error or forgery, and the record must contain the descriptions of the property, and all the rights in kind that It responds to it and the obligations that follow it, and any amendments thereto. The data of the real estate registry shall not be amended and no change shall be made. The competent authority shall correct the written and material errors at the request of any interested party or on its own, with notifying the concerned parties of that by the means specified by the regulation.

And the real estate registration system indicated that access to the real estate registry data is available to everyone, according to what the system and regulations specify, with the exception of real estate that the concerned authorities specify as confidential.

data disclosure

According to the system, the real estate area is determined by a decision issued by the competent authority, provided that the decision includes a precise definition, clear landmarks for the area and the time limit for receiving requests for the first in-kind registration, and it is announced by any appropriate means specified by the decision. Subsequent actions are replied to and documented real estate actions that occur on the real estate located in the real estate area, and that take place during the period of the first in-kind registration procedures, in accordance with the procedures specified by the regulation.

The system for the first in-kind registration stipulated that the property – with the exception of state-owned properties – should have a title deed that meets the legal requirements, and that the property be complete with geospatial data, and the regulation defines the procedures for the first in-kind registration.

The system stresses that whoever is required by the competent authority to disclose any documents or data necessary for the validity and safety of the first in-kind registration. The competent authority conducts the necessary survey work for the first in-kind registration, and it has the right to use the data related to the survey works approved by the competent authority, if available, according to what is specified by the regulation.

How does the victim act?

The system indicated that the competent authority prepares lists of owners based on the title deeds of ownership registration, provided that these lists include the data of the deeds specified by the regulation, and the competent authority publishes the lists of owners by the appropriate means specified by the regulation.

The system grants every interested party the right to object to the first in-kind registration before the competent court, unless the registration acquires absolute authenticity in accordance with the provisions of the system.

The system clarified that if a court case related to the first in-kind registration was registered, it would be noted in the real estate registry and the owners’ lists, and the content of the final judgment issued in the case would be guaranteed in the register. The regulation determines the procedures and provisions for notation in the real estate registry and in the owners’ lists.

The system revealed that the first in-kind registration acquires absolute authenticity after the lapse of a year from the date of publishing the owners’ lists, and the victim of the first in-kind registration, after gaining absolute authenticity, has the right to resort to the competent court and request compensation from the offender without the right to request cancellation of the first in-kind registration or the amendment of his data or rights contained therein.

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