Article 649 of the Saudi Civil Transactions Law
المادة 649 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article presumes that every building or planting above or below the land was made by the landowner at his own expense and belongs to him, unless evidence shows otherwise.
Official text (Arabic)
This article has not been amended since the law was issued.
يعد كل ما علا الأرض أو كان تحتها من بناء أو غراس من عمل مالك الأرض أقامه على نفقته، ويكون ملكًا له؛ وذلك كلّه ما لم يقم دليل على خلافه.
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 649 explained in plain English
This article sets a presumption about the ownership of buildings or plantings found on or under land.
What the article presumes: Everything above or below the land in the form of a building or planting (that is, planted trees and plants) is considered to be:
- the work of the landowner.
- made at his own expense.
- and owned by him.
Proof to the contrary: All of this applies "unless evidence shows otherwise". Anyone who claims that he is the one who made the building or planting, or that he made it with his own money, or that he owns it, must provide evidence of that. The presumption makes the starting position favor the landowner and shifts the burden of proof to whoever claims otherwise.
It is related to Article 650, which deals with a landowner who builds or plants on his land using materials owned by someone else without permission: the owner of the materials may recover them at the landowner's expense if removing them would not cause serious harm to the land; otherwise the landowner acquires them at their value, with compensation if there are grounds for it. The presumption in this article concerns who made the building or planting and who owns it, and it can be rebutted with evidence.
Anyone with a dispute over the ownership of a building or plantings on land is well advised to consult a lawyer who specializes in real estate matters.
Practical example
Nasser bought land in Hail with a room and palm trees on it. Another person claimed that he was the one who built the room and that it belongs to him. Under the article, the room and the palm trees are considered the work of the landowner and owned by him, and the claimant must provide evidence to the contrary.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 649 of the Saudi Civil Transactions Law
Who owns a building constructed on land?
A building or planting above or below the land is considered to belong to the landowner, who made it at his own expense, unless evidence shows otherwise.
Can another person prove that he owns a building on someone else's land?
Yes. The article allows evidence to be provided against this presumption.
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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.
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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.