Article 33 of the Saudi Real Estate Registration Law

This article deals with division (splitting a property into more than one property) and merger (combining more than one property into one), and contains two provisions:

1- The approval requirement: Dividing a property or merging it in the real estate register takes place after the approval of the body responsible for division or merger, and according to the procedures set by the Regulations. Division or merger is not carried out in the register without this approval.

2- The fate of the real property right on division: If a property burdened with a real property right is divided into two or more properties, each new property is considered burdened with that right in full, unless those concerned agree otherwise.

A real property right, under Article 1, is a direct authority over a specific property entitling its holder to dispose of it or to hold exclusively its benefits or some of them. If there are rights of this kind over the original land, the right is not split among the resulting plots but remains whole on each of them, unless those concerned agree to distribute it or limit it to some of them.

The second provision concerns division, as the text states, and does not address merger. Article 34 deals with the fee for in rem registration services, providing for its collection according to a schedule prepared by the competent authority and approved by decision of the Council of Ministers, without prejudice to the free first in rem registration procedures.

Anyone who wants to divide a property that has third-party rights on it would do well to consult a lawyer specialized in real estate matters before proceeding.