Article 702 of the Saudi Civil Transactions Law
المادة 702 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
If a person has an established right of way over land owned by another, its owner may not prevent him, and a right of way is not established by permission given as a mere courtesy.
Official text (Arabic)
This article has not been amended since the law was issued.
1- إذا ثبت لأحد حق المرور في أرض مملوكة لآخر فليس لصاحبها منعه.
2- لا يثبت حق المرور بالإذن به على وجه التسامح.
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 702 explained in plain English
This Article deals with the right of way, one of the most prominent forms of easement, and lays down two rules:
- Protection of an established right: if a person has an established right of way over land owned by another, the landowner may not prevent him from passing.
- Courtesy does not create a right: if a landowner allows a neighbor to pass as a mere courtesy, that permission does not give the neighbor a right of way.
The second rule is important for protecting landowners: an owner who lets neighbors pass out of politeness or good neighborliness does not lose his right in his land, and his tolerance does not turn into a permanent right against him. As for someone who actually has an established right of way, the owner cannot prevent him.
This rule is preceded by Article 701, which provides that an apparent easement created by the owner of two separate properties remains if the properties or one of them pass to other owners with no change in their condition, unless otherwise agreed. It is followed by Article 703, which gives the owner of a property not connected to the public road, or reached only at exorbitant cost or great hardship, a right of way over the neighboring property in return for fair compensation.
Anyone whose right of way is disputed, or who wants to allow passage while preserving his own right, would do well to consult a lawyer specializing in real estate and civil matters.
Practical example
Abdulrahman let his neighbor pass over his land in Al-Ahsa as a courtesy for several years. This permission, given as a mere courtesy, does not give the neighbor a right of way. But if the neighbor had an established right of way, Abdulrahman could not prevent him.
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 702 of the Saudi Civil Transactions Law
Can a landowner prevent his neighbor from passing?
If the neighbor has an established right of way over the land, its owner may not prevent him.
If I let my neighbor pass as a courtesy, does he gain a permanent right?
No. A right of way is not established by permission given as a mere courtesy.
What is the rule for someone whose property is not connected to the public road?
Article 703 gives him a right of way over the neighboring property to the usual extent in return for fair compensation, under the conditions set out there.
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.