Article 620 of the Saudi Civil Transactions Law
المادة 620 من نظام المعاملات المدنية · الفرع الأول: أحكام عامة لحق الملكية أولًا: نطاق الحق
A co-owner may dispose of and exploit his share without his co-owners' permission as long as he does not harm them, and his disposition of a specific part passes to what falls to him on division.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لكل شريك في الملك التصرف في حصته واستغلالها واستعمالها؛ وذلك دون إذن من باقي الشركاء بشرط ألا يلحق ضررًا بحقوقهم.
2- إذا كان تصرف الشريك في الملك منصبًّا على جزء مفرز من المال الشائع ولم يقع هذا الجزء عند القسمة في حصة المتصرف انتقل حق المتصرف إليه من وقت التصرف إلى الجزء الذي آل إلى المتصرف بطريق القسمة، وإذا كان المتصرف إليه يجهل أن المتصرف لا يملك العين المتصرف فيها مفرزة عند العقد، فله الحق في إبطال التصرف.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 620 explained in plain English
This article sets out the rights of a co-owner in undivided shares over his share, in two paragraphs:
Paragraph (1): Each co-owner may dispose of his share, exploit it and use it, without the permission of the other co-owners, provided he does not harm their rights. He may, for example, sell his undivided share without their consent as long as that does not harm their rights.
Paragraph (2): It deals with the case where a co-owner disposes of a specific part of the jointly owned property, such as selling the ground floor of a building held in undivided shares:
- If this part does not fall to the disposing co-owner's share on division, the transferee's right moves, from the time of the disposition, to the part that fell to the disposing co-owner by the division.
- If the transferee was unaware at the time of the contract that the disposing co-owner does not own the item as a specified part, he has the right to annul the disposition.
A buyer who knows that the part belongs to jointly owned property bears the result of the division, while one who was unaware of this has the option to annul.
The article is linked to Article 619, which defines undivided ownership, and to Article 621 on the management of jointly owned property. Before buying a part of property held in undivided shares, it is advisable to consult a lawyer who specializes in real estate cases.
Practical example
Ahmed and his brother own a building in Jeddah in undivided shares. Ahmed sold its first floor to a buyer who thought Ahmed owned it alone. On division, the first floor fell to the brother's portion, so the buyer's right moves to what fell to Ahmed by the division; but since the buyer was unaware that Ahmed did not own the floor as a specified part, he may ask to annul the sale.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 620 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 620 of the Saudi Civil Transactions Law
Do I need my co-owners' agreement to sell my share in jointly owned property?
No. Each co-owner may dispose of his share without the permission of the other co-owners, provided he does not harm their rights.
What happens if I sell a specific part of jointly owned property and it does not fall to my share?
The buyer's right moves, from the time of the disposition, to the part that fell to you by division.
Can the buyer annul the purchase of a specific part of jointly owned property?
Yes, if he was unaware at the time of the contract that the seller does not own the item disposed of as a specified part.
More articles on Ownership, Co-Ownership and Partition
- Article 22
The article defines an immovable as a thing fixed in its place that cannot be moved without damage or change in its form, everything else being movable, and treats a movable that its owner assigns to the service or exploitation of his immovable as an immovable by destination.
1- العقار كلُّ شيءٍ ثابتٍ في حيزه لا يمكن نقله منه دون تلفٍ أو تغيُّرٍ في هيئته، وما عدا ذلك فهو منقول. 2- يعدُّ عقارًا بالتخصيص المنقولُ الذي يضعه مالكه في عقا
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 112
The article provides that termination of a contract cannot be asserted against the contracting party's specific successor if he acquired a real right in good faith.
لا يحتج بفسخ العقد تجاه الخلف الخاص للمتعاقد إذا كسب حقًّا عينيًّا بحسن نية.
- Article 131
A building's keeper is liable to compensate for damage caused by the collapse of all or part of the building, unless he proves that it was not due to neglect of maintenance, age of the building or a defect in it.
يكون حارس البناء مسؤولًا عن تعويض الضرر الذي يحدثه تهدّم البناء كله أو بعضه؛ ما لم يثبت أن الضرر لا يرجع سببه إلى إهمال في الصيانة أو قدم في البناء أو عيب فيه.
- Article 133
Anyone threatened with damage from a particular thing may demand that its keeper take measures to avert the danger; if he does not, the threatened person may carry them out with court permission at the owner's expense, or without it in urgency.
لكل من كان مهدَّدًا بضررٍ من شيءٍ معيَّنٍ أن يطالب حارسه باتخاذ ما يلزم من التدابير لدرء خطره، فإذا لم يقم باتخاذ هذه التدابير في وقت مناسب فلمن يهدده الخطر أن
- Article 371
The article allows a partner to give his share in jointly owned property to his partner or to someone else, whether the property is real estate or movable, even if it is divisible.
تصح هبة الشريك حصته في المال الشائع لشريكه أو لغيره عقارًا كان أو منقولًا، ولو كان الموهوب قابلًا للقسمة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.