Article 718 of the Saudi Civil Transactions Law
المادة 718 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق
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, and suspension of the period for one makes it suspended for the others.
Official text (Arabic)
This article has not been amended since the law was issued.
يَقطع انتفاعُ أحد الشركاء على الشيوع بحق الارتفاق مرورَ الزمن المانع من سماع الدعوى لمصلحة باقي الشركاء، كما أن وقف سريان مدة عدم سماع الدعوى لمصلحة أحد الشركاء يجعله موقوفًا لمصلحة باقيهم.
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 718 explained in plain English
This Article deals with the case where the easement right belongs to a property owned by several co-owners in undivided shares, that is, they own it together without division. It lays down two rules that protect all the co-owners:
- Interruption of the period: if one of the co-owners in undivided shares uses the easement right, this interrupts the running of time that bars hearing the claim, and does so for the benefit of the other co-owners as well.
- Suspension of the period: if the running of the period after which a claim is not heard is suspended for the benefit of one co-owner, it is suspended for the benefit of the others too.
The importance of this appears when it is read with Article 717, which bars hearing a claim for an easement right if ten years have passed without its use. If one of the co-owners uses the right, it cannot be argued against the others that they did not use it themselves. Likewise, if a cause arises that suspends the period for one of them, all of them benefit from it.
The Article does not state the causes of suspension of the period, so the other provisions of the Law on the passage of time are consulted.
It is followed by Article 719, which provides that the legal provisions specific to them apply to accessory real rights.
Anyone who shares ownership of a property that has an easement right with others, and a dispute arises over whether the right lapsed through the passage of time, would do well to consult a lawyer specializing in real estate and civil matters.
Practical example
Four brothers own land in undivided shares in Al-Ahsa, and it has a right of way over an adjoining plot. Three of them did not use the right, but the fourth brother passed through it regularly. His use interrupts the running of time for the benefit of his three brothers as well.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 718 of Civil Transactions Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Civil Litigation & Compensation lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Civil Litigation & Compensation lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributor
Unwan Law Firm
Frequently asked questions about Article 718 of the Saudi Civil Transactions Law
If one co-owner uses the easement right, do the others benefit?
Yes. Use of the easement right by one of the co-owners in undivided shares interrupts the running of time that bars hearing the claim for the benefit of the other co-owners.
What is the effect of suspending the period for one co-owner?
It makes it suspended for the benefit of the other co-owners.
What period does this rule relate to?
Article 717 provides that a claim for an easement right is not heard if ten years have passed without its use.
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.