Article 716 of the Saudi Civil Transactions Law
المادة 716 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
The Article lists five cases in which an easement right ends, including the expiry of its term, the two properties coming into one owner's hands, and its being given up with notice to the owner.
Official text (Arabic)
This article has not been amended since the law was issued.
ينتهي حق الارتفاق في الحالات الآتية:
أ- انقضاء الأجل المعين له أو زوال محله.
ب- اجتماع العقارين المـُرتَفِقِ والمـُرتَفَقِ به في يد مالك واحد.
ج- تعذُّر استعماله بسبب تغير وضع العقارين المرتفق والمرتفق به. ويعود حق الارتفاق إذا عاد الوضع إلى ما كان عليه.
د- نزول صاحب الحق عنه وإعلامه مالك العقار المرتفق به بذلك.
هـ- زوال الغرض من حق الارتفاق للعقار المرتفق، أو بقاء فائدة محدودة لا تتفق مع الأعباء الواقعة على العقار المرتفق به.
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 716 explained in plain English
This Article sets out the cases in which an easement right ends, which are:
- Expiry of the term set for it, or disappearance of its subject.
- The two properties, benefiting and burdened, coming into the hands of one owner; an easement right of a person over his own property has no meaning.
- Its use becoming impossible because of a change in the condition of the two properties. But the right returns if the condition returns to what it was.
- The right holder giving it up, on condition that he notifies the owner of the burdened property of this.
- The purpose of the easement for the benefiting property ceasing, or only a limited benefit remaining that is out of proportion to the burdens on the burdened property.
It is important to note the limits the text sets: where use becomes impossible, the ending is temporary by nature, since the right returns when the condition returns. Where the right is given up, mere waiver is not enough; the owner of the burdened property must be notified. In the last case, the remaining benefit is compared with the burdens on the burdened property.
This Article follows Article 715, which keeps the easement on each part of the burdened property if it is divided. It is followed by Article 717, which provides that a claim for an easement right is not heard if ten years have passed without its use.
Anyone who believes an easement right over his property has ended by one of these cases would do well to consult a lawyer specializing in real estate and civil matters.
Practical example
Ziad's land had a right of way over his neighbor's land in Taif, and Ziad then bought the neighbor's land itself. The two properties thus came into the hands of one owner, and the easement right ends.
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 716 of the Saudi Civil Transactions Law
When does an easement right end?
In five cases: expiry of its term or disappearance of its subject; the two properties coming into one owner's hands; its use becoming impossible because of a change in the condition of the two properties; the right holder giving it up with notice to the owner; and the purpose ceasing or only a limited benefit remaining that is out of proportion to the burdens.
Does an easement right return after it ends?
If it ended because its use became impossible due to a change in the condition of the two properties, it returns if the condition returns to what it was.
Is it enough for me to give up the easement right for it to lose its effect?
The text requires the right holder to notify the owner of the burdened property of his giving it up.
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.