Land Law and Cadastral Surveying

Lecturer: Rozh Ismael Abdulmajed,Education: MSc. Geomatics Engineering,

2020-2021

Lecture 1

Land Law and Cadaster

Boundary: either the physical objects marking the limits of a real property or an imaginary line or surface marking the division between the legal estates. And also used to describe the division between feature with different administrative. Land use topographic characteristics .

Contract: an agreement enforceable by law.

Demarcation: The marking-out of the boundaries of each land parcel on the ground.

Land information system: a system for acquiring, processing, storing, and distribution of information about land.

Land Management: The activities associated with the management of land as a resources both from a environmental and an economic perspective.

Land Administration: The process of determining recording and disseminating information about the ownership, value of land, use of land when implementing land management policies.

Land Use: The manner in which land is used including the nature of the vegetation upon its surface.

Historical Back ground of land Registration in Iraq

Land registration in Iraq has deep roots since evidence has been noted as early as 2700 BC from the city-states of Ur and Uruk, the sale of private properties.

In Sumerian period different classes of property were noted in written tablets.

Under Hammurabi (1792–1750 BC), land classification expanded and is referred to in the Hammurabic code. Example of such code “If a man has bestowed a field, a plantation, or a house on his heir who finds favor in his sight [and] has drawn up a sealed tablet for him, after the father goes to [his] fate, when the brothers divide [the estate]. He shall take the gift that the father has given him, and apart from it they shall take proportionate shares from the property of the paternal estate”.

Thus, Iraq could well be the origin of the concept of land as private property.

Land Ownership in Iraq During the Ottoman Empire:

• The concept of land ownership in Iraq at the Ottoman period, which began in 1534, has beenchanged to one that all lands belongs to the state. And the state does not have to prove thisownership with any document, including title deeds (works).

• During the Ottoman period, may allow to collective ownership (groups) in Rawa and Aana in thenorthwest of Iraq, but this ownership must be proven through registered title deeds.

• At that time, the land reform was established through dividing the lands into three types:

1. Privately held land.

2. Ameriya lands (owned by the state).

3. Endowed lands (gifted).

• Thus, large areas, cities, and complete villages were registered as one plotof land on one title deed for a long period of time. The people of onecommunity were considered the legal owners/partners of the city, town, orvillage with a single title deed.

• Under civil law, the owner was entitled to buy, sell, rent, and mortgageprivately held land. In practice, most of these lands were held in adversepossession by the Iraqi tribes, and the Ottoman government did not preventthis, thus large areas of the Ameriya lands were allocated to powerfulofficials and individuals.

• Land Rights During the British Mandate

• In 1920, two directorates for real estate registration were established inDiyala and Babil governorates.

• In 1932, the Iraqi government issued the Land Rights Conciliation LawNo. 50, which was then replaced by Law No. 29 (1938).

• In practice, within this short period, the Iraqi land system was slightly changed while most of the land regulations are still influenced by the old policy of tribalism.

Religious Tenure Systems

• In a given authority, these include various types of shared ownership. For example, in an Islamic land tenure system there are four main categories within the Islamic law (Shari'a):

• 1. The term ‘Waqf’ is land ‘held for endowment’.

• 2. `Mulk', or private ownership lands.

• 3. `Miri‘, the state controlled land which carries `Tassruf' or the government rights to use land.

• 4. the `Musha', or communal lands.

• The basic TAPU system of registration remained until 1974 when it was

replaced by the Real Estate Registration Departments (RERD).

• The RERD records and validates real estate transactions and ensures that

development of the land is in accordance with land use policy, and it is

only the legal body in Iraq for registering different types of real estate

ownership and for ensuring compliance with land use and building

construction standards.

Land Rights in an Independent Iraq

• In practice, the Iraqi factors influencing the security of land

tenure are illustrated in figure below

Iraqi basic Land Tenure Categories and Practices

Discussion

• Do you think that Iraqi land recording system needs improvements?! Why?!

Land Registration system in Iraq

• In 1974, the old Ottoman Permanent Title Deed was replaced with a newTitle Deed document, which is also a hand-written copy of the original,official record-book document. It is the only proof of ownership, which theRERD holds the original in its registry.

• The Title Deed document incorporates the following information:

I. The complete name of the owner(s).

II. The category of the property: plot of land, residential, arable, commercial,or industrial.

• III. The type of the property, which are as follow:

A-Private Real Estate—Estates owned by the owner whose name(s) is registered in the Title Deed document with no other partner.

b. Public Estates: These belong to the state.

c. Endowment (inheritance): The property is registered in the endowment department and under its protection.

• In some cases a landowner makes an agreement with another person to make use of the property for a limited period of time. This type of agreement is called “Al Musataha.”

Transferring the Ownership of Real Estate Property

• There are two types of ownership transfers in Iraq:

• 1. Transfer between two individuals.

• 2. Transfer between individuals and a governmental body or between two governmental bodies.

• 1. Transferring ownership between individuals:

• • Sell-Buy Process: The long and rather a complex procedure that takes place at the RERD. It is intentionally complex so that everything from checking ID cards to issuing the Title Deed can be examined accurately. • Exchanging Properties: In this process, no money is exchanged. Instead, owners agree to exchange properties, and the new ownerships are registered at the RERD.

• • Living Inheritance: The landowner has the right to register only one-third of his property to whomever he would like (this should be registered at the RERD during his lifetime), the other two-thirds of his property are to be kept in his ownership. This law is based on Islamic Law.

• • Donation: process of transferring a property ownership through donation to someone else, whether or not they are a relative. It is a metaphoric sale where no money changes hands. The owner has the right to impose any kind of condition that the other party must accept. the owner has the right to impose any sort of condition that the other party must accept. Donation falls under the same rules that cover the sell-buy process.

The Structure of the General Directorate of Real Estate

Assignment For The Next Lecture

[Prepare about 4 slides regarding Land Registration system in Iraq, and what are the improvements it needs to be done]