Easement right under the Civil Transactions Law

Easement right under the Civil Transactions Law

The Kingdom of Saudi Arabia guarantees the rights of all citizens and residents on its territory and is keen to provide the necessary protection to protect their interests, especially in the real estate field.

One of the most important rights related to real estate is the easement, which gives a property owner the right to build a road or extend water services through the property owned by his neighbor, in accordance with the provisions stipulated in the Civil Transactions Law.

What is an easement in the Saudi system?

Article 699 of the Civil Transactions Law defines an easement as a real right established for the benefit of a person’s property over a property owned by another person.

The easement is considered a neighborhood right, as it consists of two properties. The first is called the easement or serviced property, and it is owned by the owner of the easement. The second is called the easement or serviced property, and it is owned by another person, who is the one to whom the easement is returned. 

An example of an easement is the right of the first property owner to open a road within the land or property owned by the second party (the neighbor).

Easement right under the Civil Transactions Law

What are the terms of an easement?

What are the terms of an easement?

• Having two separate properties owned by different owners.
• The easement must be allocated to serve or benefit another property.
• The easement must be necessary due to the nature of the property being serviced “serviced”
• The emergence of an easement through systematic disposition, such as a sales contract or an inheritance.

What are the types of easements?

• The right of way that allows a road to be opened through the property so that residents of the serviced property can access the public road.
• The right to extend basic services such as extending power and water lines.
• The right to irrigate agricultural lands, where the owner of high land must irrigate his land with natural flood water as much as he needs, then send the water to low land as required by custom.

What is the difference between an easement and a usufruct?

An easement is granted for the benefit of the property and to serve it, such as the right of way or road. The easement is linked to the property even if its ownership is transferred to another person.

 While the right to usufruct is granted for the benefit of a person, it gives that person the right to use a property owned by someone else and benefit from its benefit, such as agriculture or housing, for a period specified between the two parties.

The usufruct contract ends with the death of the beneficiary, while the easement continues as long as the need and purpose for it exist. 

What are the legal effects of an easement?

What are the legal effects of an easement?

• The owner of the expropriated “serviced” property shall bear the expenses and business costs necessary to use the easement unless otherwise agreed upon between him and the owner of the expropriated property.
• The owner of the land or property being serviced has the right to demand compensation from the owner of the property “served” for the easement if the owner of the property is harmed by it. 

Such as if the land is severely damaged by water when the right of way is used.  

• The owner of the real estate must not prevent the owner of the real estate from using this right or carrying out the necessary repairs.
• The basic principle is that the easement is indivisible, but if the property being used is divided, each part becomes an easement unless the easement is not used in some parts or causes damage to the property. 

For example, if the land is divided into two parts by two owners, then each land has the right of way.

When does an easement lapse?

An easement claim is subject to a statute of limitations after 10 years of non-use of the right.

According to Article 717 of the Civil Transactions Law, the easement expires in the following cases:

• The end of the period specified for it or the disappearance of its purpose, such as the cessation of floods that irrigate the land.
• If the two properties become owned by one owner.
• Destruction of the property or inability to use the right due to a change in the nature of the two properties.
• The easement holder expressly waives his right and informs the owner of the property to which he is attached.

It is important to seek the assistance of a specialized lawyer from the office of Lawyer Abdul Majeed Al Rashid in real estate cases to help you understand your legal rights and clarify your obligations towards third parties.

Specializes in a real estate lawyer from the office of lawyer Abdul Majeed Al Rashid