Article 713 of the Saudi Civil Transactions Law
المادة 713 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
The owner of the burdened property may not affect the use of an easement or change its position, unless it becomes more burdensome or blocks useful repairs, in which case he may ask to have it moved.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز لمالك العقار المـُرتَفَقِ به أن يقوم بعمل من شأنه التأثير في استعمال حق الارتفاق أو تغيير وضعه، إلا إذا أصبح الارتفاق أشد إرهاقًا لمالك العقار المرتَفَق به أو كان يمنعه من القيام بالإصلاحات المفيدة؛ فله أن يطلب نقل الحق إلى موضع يتمكن معه مالك العقار المرتفِق من استعمال حقه بسهولة الموضع القديم.
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 713 explained in plain English
This Article protects the holder of the easement from acts of the owner of the property that bears the easement, while taking into account that owner's interest in specific cases.
The rule: The owner of the burdened property may not do anything that would:
- affect the use of the easement right, or
- change its position.
The exception: In two cases he may ask for the right to be moved to another place:
- if the easement has become more burdensome for him, or
- if the easement prevents him from carrying out useful repairs.
This is on condition that the new place allows the owner of the benefited property to use his right with the same ease as the old place. The move may not reduce the ease of using the right.
Note that the Article speaks of asking for the move, not of the owner moving it on his own.
It is preceded by Article 712, which regulates the costs of the work needed to use and maintain the easement. It is followed by Article 714, which keeps the easement for each part of the benefited property if it is divided, provided this does not increase the burdens on the burdened property.
Anyone who believes an easement has become burdensome for his property and wants it moved should consider consulting a lawyer specializing in real estate and civil matters.
Practical example
A neighbor's path runs through the middle of Turki's land in Madinah, and Turki wants to carry out useful repairs at that spot, but the path prevents him. He may not close the path on his own, but he may ask for it to be moved to the edge of the land, on condition that the neighbor can pass through it as easily as through the old place.
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 713 of the Saudi Civil Transactions Law
Can a landowner change the location of a neighbor's right-of-way?
He may not do anything that changes the position of the easement right, but he may ask for it to be moved in the cases the Article specifies.
When can a request be made to move an easement?
If the easement has become more burdensome for the owner of the burdened property, or if it prevents him from carrying out useful repairs.
What condition must the new place meet?
It must allow the owner of the benefited property to use his right with the same ease as the old place.
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.