Article 717 of the Saudi Civil Transactions Law
المادة 717 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
A claim for an easement right is not heard if ten years have passed without its use.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تسمع دعوى المطالبة بحق الارتفاق إذا انقضت على عدم استعماله مدة (عشر) سنوات.
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 717 explained in plain English
This Article sets a time limit for the easement right: if the right holder leaves it unused for 10 years, his claim for it is not heard.
- The period: 10 years.
- What is counted: the period of non-use of the easement right.
- The effect: a claim for the right is not heard.
The aim is stability of arrangements between neighbors: a person who leaves his right unused for a long time may not claim it in court after the period has passed.
This Article follows Article 716, which lists the cases in which an easement right ends, such as expiry of the term, the two properties coming into one owner's hands, and the right holder giving it up with notice to the owner of the burdened property. It is followed by Article 718, which deals with co-owners in undivided shares of the benefiting property: one of them using the easement right interrupts the running of the time that bars hearing the claim for the benefit of the other co-owners, and suspension of the period for the benefit of one of them means it is suspended for the benefit of the others.
The Article does not detail how the start of the period is calculated. Anyone who has an easement right that he has not used for a long time would do well to consult a lawyer specializing in real estate and civil matters to learn his position.
Practical example
Mishal's land had a right of way over his neighbor's land in Najran, but he did not use it for 10 years because he used another road. If he later files a claim for the right of way, his claim is not heard.
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 717 of the Saudi Civil Transactions Law
What is the period after which a claim for an easement right is not heard?
10 years of not using the right.
What is the effect of the period passing?
A claim for the easement right is not heard.
Do the co-owners benefit when one of them uses the right?
Yes. Article 718 provides that use of the easement right by one co-owner in undivided shares interrupts the running of time for the benefit of the other co-owners.
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.