Article 705 of the Saudi Civil Transactions Law
المادة 705 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
A person who has built a permitted stream or watercourse to irrigate his land may not have others benefit from it except with his permission or in accordance with the legal provisions.
Official text (Arabic)
This article has not been amended since the law was issued.
من أنشأ جدولًا أو مجرى ماء مأذونًا فيه لريِّ أرضه فليس لغيره حق الانتفاع به إلا بإذنه أو وفقًا للنصوص النظامية.
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 705 explained in plain English
This Article protects a person who has spent effort and money building a stream or watercourse to irrigate his land. If the watercourse is permitted, no one else is entitled to benefit from it.
There are only two exceptions:
- The permission of the owner of the watercourse.
- Use in accordance with the legal provisions; the Article does not state what these provisions are or what they contain.
Note that the protection is conditional on the stream or watercourse being permitted and on its purpose being to irrigate the land of the person who built it.
The difference between this Article and Article 704 is that Article 704 concerns the natural watercourse, from which the owner of the higher land waters his land as much as he needs and then sends the water on to the lower land, whereas this Article concerns a watercourse built by a particular person. It is followed by Article 706, which prevents one of the partners in a water source or shared stream from cutting another stream from it without the permission of the other partners.
Anyone who needs to benefit from a watercourse built by someone else, or whose own watercourse is being used without his permission, would do well to consult a lawyer specializing in real estate and civil matters.
Practical example
Saleh built a permitted irrigation channel to water his palm trees in Qatif. His neighbor wants to draw water from it for his farm, but he may not do so except with Saleh's permission or in accordance with the legal provisions.
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 705 of the Saudi Civil Transactions Law
Can my neighbor water from the irrigation channel I built?
Not without your permission or unless the legal provisions allow it, provided the channel is permitted and was built to irrigate your land.
Does the protection cover any watercourse?
The Article speaks of a permitted stream or watercourse built to irrigate its owner's land.
How does this differ from a natural watercourse?
A natural watercourse is governed by Article 704, whereas this Article protects a watercourse a person built to irrigate his land.
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.