Agricultural Land and Disposal Rights
The office of lawyer Ali Barakat in Baghdad, based in al-Yarmouk, follows matters concerning agricultural land and orchards: proving the disposal right over amiri land and its transfer to heirs, assigning it by sale or gift, dividing shared land, encroachment, land distributed under agrarian reform, leasing agricultural land to graduates and transferring it to them, well drilling, and attachment and pledge of the disposal right. The material here is drawn from the texts published in the Official Gazette as shown in the Iraqi legislation database.
Texts that govern agricultural land
Agricultural land in Iraq is not governed by a single law but by a set of texts:
- Civil Code No. 40 of 1951: articles 1169 onwards govern the disposal right over amiri land, its scope, protection, acquisition, transfer and lapse, and articles 1266 to 1270 govern musataha (the right to build on another's land).
- Land Registration Law No. 43 of 1971: defines land categories and sets how the disposal right is registered, transferred and pledged.
- Agrarian Reform Law No. 117 of 1970: in force as amended, it sets agricultural ownership ceilings, distribution rules and the obligations of recipients.
- Law No. 24 of 2013, amended by Law No. 16 of 2024: governs leasing agricultural land and transferring the disposal right to agriculture and veterinary graduates.
- Water Well Drilling Instructions No. 1 of 2011: govern well-drilling licences and use of groundwater.
Amiri land and the disposal right
The Land Registration Law sorts state-owned (amiri) land by how far rights over it have been handed to private persons, and the category written on the record extract decides most of what follows: division, inheritance, wills and whether a foreigner can be registered. The three categories are explained on the disposal right over amiri land.
In practice the person named on the deed holds a real right over state-owned land rather than the land itself. That right is wide: under article 1169 of the Civil Code it covers farming, orchards, pasture and the buildings farming requires, and under article 1170 anything planted or built goes with the land when it is assigned or inherited. See the disposal right over amiri land.
Limits on the disposal right
- Amiri land cannot be left by will or dedicated as an endowment (Civil Code article 1172), and the registry will not record either (Land Registration Law articles 250 and 257).
- Registration of the right in the name of a non-Iraqi is excluded by article 155 of the Land Registration Law, and article 1199 of the Civil Code blocks transfer on death between an Iraqi and a foreigner.
- Whatever restricts ownership, by law or by contract, restricts the disposal right too (article 1173).
Assignment between living persons
Selling, gifting or exchanging amiri land is called assignment (ifragh), and it counts only once it is done and recorded at the land registration department (Civil Code articles 1202 and 1203; Land Registration Law article 203). A buyer holding only a private paper has not acquired the right. What that means for unpaid consideration, boundaries and minors is covered on selling and assigning the disposal right.
Transfer on death
Amiri land does not follow the ordinary inheritance shares. The Civil Code (articles 1187 to 1190) sets its own ranking of descendants, then parents and their line, then grandparents and their line, and the Land Registration Law (articles 190 and 191) asks for a specific kind of deed and Iraqi heirs before the registry acts. The ranks and the deed are set out on the disposal right over amiri land, and the inheritance deed itself on death deeds and inheritance deeds.
Lapse through non-cultivation
Article 1233 of the Civil Code provides that the holder loses the disposal right if he or she does not cultivate the land personally or through a lease or loan and leaves it uncultivated for three consecutive years without valid excuse, after which it is offered back to the holder at its fair equivalent. Article 1234 lists valid excuses, such as flooding or the need to let the land rest, captivity, military service and incapacity.
Agrarian reform
The second article of Agrarian Reform Law No. 117 of 1970 sets a ceiling on the area of agricultural land a person may own or hold by tapu or lazma, varying by type of land, irrigation method and fertility. The third article voids any contract that results in exceeding the ceiling, and it may not be registered. Articles 16 and 18 govern distribution to farmers and recipients' conditions, and article 24 bars recipients under articles 18 and 19 from transferring ownership of the distributed land. See agrarian reform in force.
State agricultural land for graduates
Law No. 24 of 2013 aims to regulate leasing unoccupied agricultural land and transferring the disposal right over it to agriculture and veterinary graduates not employed by the state. It allows the Minister of Agriculture to lease up to fifty dunums, and the lessee acquires the disposal right without charge after ten years of the lease if he or she has used the land for its purpose and is Iraqi. See reclaiming state agricultural land.
Water and wells
Owning or holding the land does not carry the water beneath it: under the 2011 Water Well Drilling Instructions, groundwater is state property and a well is drilled only on a licence issued by the groundwater authority, which also sets the quantity and use. The licence term, spacing between wells and the user's duties are on well drilling and agricultural investment.
Attachment and pledge
Under article 1171 of the Civil Code, the disposal right is general security for creditors like the rest of the debtor's property, so it may be attached and debts satisfied from its proceeds even after the debtor's death. Article 1328 allows a possessory pledge of amiri land. The eighth paragraph of article 62 of the Execution Law exempts from attachment a farmer's tools, seeds and animals used in farming. See pledging and attaching the disposal right.
Protecting the disposal right
Article 1175 of the Civil Code bars anyone from using amiri land in which another holds the disposal right, taking its produce, crossing it without right, using it as pasture or uprooting its trees, and makes the trespasser liable for compensation. Article 1176 allows the holder to recover land from a usurper, claim a fair rental for the period, and require removal of what the usurper planted or built. Article 1177 allows possessory actions. Article 1178 bars depriving the holder of the right except where the law provides and in return for fair compensation paid in advance. See encroachment on agricultural land.
Co-ownership and division
Article 1181 applies the rules on co-ownership of property to co-holding of the disposal right except where inconsistent with its nature. Article 1182 provides that division of amiri land among co-holders is final, but it is not allowed, even by agreement, unless the land is divisible and each partner can use the separated share as fully as the undivided share. See dividing an orchard or shared agricultural land.
Possession, reclamation and musataha
Article 1184 grants a settled right to someone who held amiri land as holder and cultivated it for ten consecutive years without dispute, but article 1185 denies this to a tenant, sharecropper or borrower who acknowledges that status. Article 1186 allows an Iraqi to reclaim dead land with government permission in permitted areas, acquiring the disposal right unless the land is left uncultivated for three years. As for musataha, article 229 of the Land Registration Law confines its creation to owned land or land dedicated by valid waqf, as explained on the musataha contract.
Topics in this area
- The disposal right over amiri land
- Selling and assigning the disposal right
- The musataha contract and amiri land
- Agricultural authority approvals in land transactions
- Dividing an orchard or shared agricultural land, and boundaries
- Encroachment on agricultural land
- Reclaiming state agricultural land
- Agrarian reform in force
- Well drilling and agricultural investment
- Pledging and attaching the disposal right
How the office reviews a land file
Review starts with a recent record extract from the land registration department, because it shows the land's type and category, whether it is owned, amiri held by tapu or lazma, or distributed under agrarian reform, and any pledge or attachment on it. The basis of current possession is then examined, along with anything restricting disposal, such as the obligations in article 24 of the Agrarian Reform Law or the conditions of Law No. 24 of 2013. To arrange a review, the office can be reached on +964 770 848 7526 or at alibaltaae@gmail.com.
Legal basis and sources
- Civil Code No. 40 of 1951, articles 1169 to 1270 and 1328 (Official Gazette, issue 3015 of 8/9/1951)
- Land Registration Law No. 43 of 1971 (Official Gazette, issue 1995 of 10/5/1971)
- Agrarian Reform Law No. 117 of 1970 as amended (Official Gazette, issue 1884 of 30/5/1970)
- Law No. 24 of 2013 regulating the lease of agricultural land and transfer of the disposal right to agriculture and veterinary graduates (Official Gazette, issue 4287 of 26/8/2013)
- First amendment to Law No. 24 of 2013, Law No. 16 of 2024 (Official Gazette, issue 4781 of 1/7/2024)
- Water Well Drilling Instructions No. 1 of 2011 (Official Gazette, issue 4201 of 1/8/2011)
- Execution Law No. 45 of 1980, articles 62, 86 and 91 (Official Gazette, issue 2762 of 17/3/1980)
- Law No. 16 of 2024
Frequently asked questions
Does the holder of an amiri land deed own the land itself?
No. Title to amiri land belongs to the state, and the holder has the disposal right under the seventh article of the Land Registration Law.
Is a sale of agricultural land by private contract valid?
An assignment is valid only if registered at the land registration department under article 1203 of the Civil Code.
May I bequeath my amiri land to one of my children?
The holder may not bequeath amiri land under article 1172; it passes on death to those entitled to transfer.
Will I lose my land if I leave it fallow?
The holder loses the right if the land is left uncultivated for three consecutive years without valid excuse under article 1233; excuses in article 1234 include flooding or the need to rest the land.
May a foreigner buy an amiri orchard?
The disposal right over amiri land is not registered in a foreigner's name under article 155 of the Land Registration Law.
Topics in this area
- 01The disposal right over amiri land: meaning, scope and transferWhat the disposal right over amiri land is under article 7 of the Land Registration Law and articles 1169 to 1199 of the Civil Code: what the holder may do, what is barred, and how it passes on death to descendants, parents and grandparents.
- 02Selling and assigning the disposal right over amiri landHow the disposal right over amiri land is transferred between living persons under articles 1202 to 1208 of the Civil Code and article 203 of the Land Registration Law, the effect of unpaid consideration, boundaries versus area, and agrarian reform restrictions.
- 03The musataha contract in Iraqi law and its relation to amiri landThe musataha right under articles 1266 to 1270 of the Civil Code and articles 229 to 234 of the Land Registration Law: which land it arises on, the fifty-year term, rescission for unpaid rent, what happens to buildings at the end, and the difference with amiri land.
- 04Approvals from the agriculture directorate and other authorities in agricultural land transactionsWhen the texts require approval from the agriculture directorate, the Minister of Agriculture, the agricultural council, the groundwater authority or a court in agricultural land transactions, under Law No. 24 of 2013 as amended, the Agrarian Reform Law, the Well Drilling Instructions and the Civil Code.
- 05Dividing an orchard or shared agricultural land, and boundariesRules on dividing shared amiri land and orchards under articles 1174, 1179 to 1182 and 1206 of the Civil Code: when division is allowed even by agreement, use-sharing, turning woodland into a farm, grafting, boundaries versus area, and water and channel rights.
- 06Encroachment on agricultural land and the holder's actionsProtection of the holder of amiri land against encroachment under articles 1174 to 1178 of the Civil Code and the possessory actions in articles 1150, 1154 and 1155: recovery from a usurper, fair rental, removal of trees and buildings, seed, and halting new works.
- 07Reclaiming state agricultural land and its transfer to graduates under Law No. 24 of 2013Leasing unoccupied state agricultural land and transferring the disposal right to agriculture and veterinary graduates under Law No. 24 of 2013 as amended by Law No. 16 of 2024 and its instructions, and reclaiming dead land under article 1186 of the Civil Code.
- 08Agrarian Reform Law No. 117 of 1970 in force: ceilings, distribution and recipients' obligationsAgrarian Reform Law No. 117 of 1970 remains in force as amended: the ceiling on agricultural land area, nullity of contracts that breach it, distribution of land and orchards, recipient conditions, registration after five years, obligations and cancellation of distribution.
- 09Drilling artesian wells for agricultural projects in IraqWell licences under Water Well Drilling Instructions No. 1 of 2011: state ownership of groundwater, the application with a recent land registration deed, one-year licence term, spacing between wells, pump tests, user obligations, replacement wells, and pumping halts during scarcity.
- 10Pledging and attaching the disposal right over amiri landThe disposal right is general security for creditors under article 1171 of the Civil Code; it may be mortgaged or pledged with possession under article 1328 and articles 305 and 325 of the Land Registration Law; the Execution Law exempts a farmer's tools, seed and crops from attachment; and sale may proceed with the enforcement officer's permission.