Sources reviewed
Distinguish an existing right from permission
A proven right of passage cannot be blocked. Neighbourly tolerance alone does not establish it. A parcel without public-road access, or with access only at exorbitant cost or great difficulty, qualifies for customary passage for fair compensation by the least harmful property and route. [1]
Compare candidate routes
Obtain the instrument, plan and gate photographs, then compare widths, gradients and preparation costs. A neighbour may point to a rear road. Test whether it actually connects, with the vehicle type reasonably needed for the land, rather than relying on aerial imagery. Obtain both parcels’ easement entries and map the route. A disposition creating an easement after first registration, and a final judgment establishing it, require registration. First confirm designation of the area and completion of first registration for this parcel. [3]
Propose the least harmful alignment
Offer a plan avoiding homes and crops where practicable, specifying width and any necessary use hours. Add a compensation estimate and reasons for rejecting alternatives. If seeking reopening of an established passage, identify its legal basis, extent and the precise obstruction.
Temporal scope · 2026-10-30
The Law took effect 180 days after official publication. It generally reaches earlier events, except where a party invokes a conflicting pre-existing statutory rule or judicial principle applicable to the event, or a claim-barring period had already started. Separate registration and jurisdiction requirements still apply. [2]
Sources
- نظام المعاملات المدنية | Civil Transactions Law 702–703
- مرسوم الإصدار ونفاذ النظام · Enacting decree and commencement Royal Decree M/191, clauses IV–V; Civil Transactions Law, art. 721
- نظام التسجيل العيني للعقار | Law of Real Estate Registration 7, 13
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