Saudi Arabia has set up a new regulatory regime for registering interests in real property and related transactions. The Law for Registration of Real Property (the Law) was published on May 18 2002 and became effective one year later. Currently, interests in real property and related transactions (for example, transfers of ownership, mortgages, the creation of Waqfs (similar to the Western concept of trusts) with respect to real property and bequeathing real property through wills) are registered with notaries in special registers maintained for this purpose. Under the Law, new real property registers (the Registers) will be set up jointly by the Ministry of Municipalities and Rural Affairs and the Ministry of Justice. The Registers will be maintained and administrated the Department of Real Property Registration, a department of the Ministry of Justice. The Law requires all real property interests and transactions to be recorded in the Register, failing which no real property interest or transaction will have legal effect as to third parties. The Law further provides that lease agreements with terms exceeding five years will not be effective as to third parties for the period exceeding the first five years of the lease term unless they are recorded in the Registers.
February 01 2005