Article 700 of the Saudi Civil Transactions Law
المادة 700 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
The Article sets out two ways of acquiring an easement right: a legal disposition or inheritance.
Official text (Arabic)
This article has not been amended since the law was issued.
يُكسب حق الارتفاق بالتصرف النظامي أو بالإرث.
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 700 explained in plain English
After Article 699 defined the easement right as a real right established for the benefit of a property of one person over a property owned by another, this Article explains how this right is acquired, and mentions two ways:
- A legal disposition: that is, any act valid under the Law that creates or transfers the right, such as a contract between the owners of the two properties.
- Inheritance: the easement right passes to the heirs.
A person who claims an easement right for his property therefore needs to show its source, for example that it arose from a valid agreement or passed to him as part of what he inherited from the deceased.
It is followed by Article 701, which deals with a particular case: if the owner of two separate properties creates an apparent easement between them, and the properties or one of them then pass to other owners with no change in their condition, the right remains unless otherwise agreed.
Anyone who wants to create an easement right by agreement with a neighbor would do well to seek a lawyer specializing in real estate and civil matters to draft the agreement clearly.
Practical example
Majed agreed with his neighbor in Abha that Majed's land would have a right of way over the neighbor's land, so his land acquired the easement right through this legal disposition. After Majed's death, the right passed to his heirs by inheritance.
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 700 of the Saudi Civil Transactions Law
What are the ways of acquiring an easement right?
An easement right is acquired by a legal disposition or by inheritance.
Is an easement right inherited?
Yes. Inheritance is one of the ways of acquiring an easement right.
Can an easement right be created by agreement between neighbors?
Yes. An agreement is a legal disposition, and a legal disposition is one of the ways of acquiring an easement right.
More articles on Preemption, Possession and Easements
- 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 658
The article defines preemption (shuf'a) as the right of a co-owner to acquire the sold real estate for the price at which it was sold plus its expenses.
الشفعة حق الشريك في أن يتملّك العقار المبيع بالثمن الذي بيع به وبنفقاته.
- Article 659
The article provides that where more than one preemptor comes together, each one's entitlement to preemption is in proportion to his share.
إذا اجتمع أكثر من شفيع كان استحقاق كل منهم من الشفعة على قدر نصيبه.
- Article 660
The article provides that if a buyer sells property subject to preemption to another before the preemptor is notified of his wish to take by preemption under Article 666, the preemptor takes it only at the price of the second sale plus its expenses.
إذا اشترى شخص ما تصح الشفعة فيه ثم باعه لآخر قبل إعلام الشفيع رغبته الأخذ بالشفعة وفقًا للفقرتين (ب) و(ج) من المادة (السادسة والستين بعد الستمائة) من هذا النظام
- Article 661
The article fixes when the right of preemption is established: when the sale is completed, provided that the reason giving rise to preemption exists.
تثبت الشفعة بتمام البيع مع قيام السبب الموجب لها.
- Article 662
The article requires, for the right of preemption to be established, that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
ليس للشفيع حق الشفعة إلا إذا كان مالكًا لنصيبه في العقار وقت شراء المشتري نصيب البائع.
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.