Article 704 of the Saudi Civil Transactions Law
المادة 704 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
The owner of higher land may water his land from the natural watercourse as much as he needs according to custom, and then must send the water on to the lower land.
Official text (Arabic)
This article has not been amended since the law was issued.
لصاحب الأرض العالية أن يسقي أرضه من المسيل الطبيعي قدر حاجته التي يقتضيها العرف ثم يرسل المياه إلى الأرض المنخفضة.
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 704 explained in plain English
This Article regulates the relationship between landowners along a natural watercourse, that is, the channel through which water flows by nature, when some lands are higher than others.
- The owner of the higher land may water his land from the watercourse first.
- But his right is limited to the amount he needs as required by custom, and he may not take more.
- He must then send the water on to the lower land and not hold it back from it.
The Article gives the owner of the higher land priority in watering because the water passes through his land first, but it protects the owner of the lower land by obliging the former to send the water on to him after taking what he needs. The reference for assessing need is custom.
This Article follows Article 703 on the right of way for a property not connected to the public road. It is followed by Article 705, which provides that a person who has built a permitted stream or watercourse to irrigate his land may not be deprived of it, in that no one else may benefit from it except with his permission or in accordance with the legal provisions. Article 704 concerns the natural watercourse, while Article 705 concerns a watercourse built by a person.
In a dispute over the amount of need or the holding back of water, it is advisable to consult a lawyer specializing in real estate and civil matters.
Practical example
Ibrahim's farm lies higher than his neighbor's farm on a natural wadi watercourse in the Al-Baha region. Ibrahim may water his farm from the watercourse as much as he needs according to custom, and must then send the water on to his neighbor's lower farm.
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 704 of the Saudi Civil Transactions Law
Who has priority in watering from a natural watercourse?
The owner of the higher land waters his land first, as much as he needs according to custom.
Can the owner of the higher land hold back water from his neighbor?
No. After taking what he needs, he must send the water on to the lower land.
How is the need of the owner of the higher land assessed?
According to what custom requires.
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.