Assigning the disposal right over amiri land in Iraq: registration, consideration, boundaries and minors

In briefAssignment (ifragh) transfers the disposal right over amiri land for consideration or without, and is valid only if carried out and registered at the land registration department. After registration a simulation challenge is not heard, and if the consideration is unpaid the assignor may claim it or seek rescission with a seller's privilege. A guardian may assign a ward's land only with court permission, and agrarian reform laws and Law No. 24 of 2013 restrict assignment of certain land.

In rural areas agricultural land is often sold on a sheet of paper the parties write in front of witnesses, after which the buyer farms it for years believing it is now theirs. The law, however, recognises transfer of the disposal right over amiri land only through a set route. The office of lawyer Ali Barakat in Baghdad explains the rules on assignment here as they appear in the texts.

Meaning and forms of assignment

Article 1202 of the Civil Code allows the holder of amiri land to assign it to anyone, for consideration in money or in kind, or for no consideration at all. Assignment for money corresponds to a sale of outright property, assignment without consideration to a gift, and assignment in exchange for other land to a barter.

Registration is a condition of validity

Article 1203 provides that an assignment is valid only if carried out and registered at the land registration department according to the prescribed procedure. Paragraph one of article 203 of the Land Registration Law provides that an assignment for consideration of the disposal right over amiri land held by tapu or lazma is concluded exclusively at land registration departments and registered after taking both parties' acknowledgement. Paragraph two subjects assignment of a lazma right to the restrictions imposed on it by law.

A private paper therefore does not transfer the disposal right. The right remains registered in the assignor's name, remains security for the assignor's creditors, and passes on the assignor's death to those entitled to transfer rather than to the person who signed the paper. The position of a buyer holding such a paper is discussed on promise to sell versus completed sale, and the registration route itself on registering transfer of property ownership.

Simulation and consideration

No simulation challenge after registration: article 1204 provides that transactions over amiri land may not be challenged as simulated once registered at the land registration department.
Assignment without stated consideration: if the holder assigns land without naming consideration, neither the holder nor the heirs may later claim any, under paragraph one of article 1205.
Unpaid consideration: if a specific consideration was named and not paid, the assignor and heirs may claim it or seek rescission of the assignment, and they hold a seller's privilege over the disposal right in the assigned land, under paragraph two of article 1205.

Boundaries or area

Article 1206 distinguishes two cases:

If the land's boundaries and area are stated and the consideration is named as a lump sum, the boundaries govern, and the named sum is due even if the land turns out larger or smaller.
If the boundaries and area are stated and the consideration is named at a unit rate, the area governs, and on a shortfall or excess the assignee may rescind or take the actual quantity at the corresponding amount.

Article 1207 provides that an assignment includes, without mention, naturally growing trees, planted trees and buildings, and the land's accessories.

Land belonging to a ward

Article 1208 allows the guardian of a person under legal incapacity to assign the ward's amiri land with court permission for a lawful justification, and to accept an assignment on the ward's behalf with court permission where it benefits the ward.

Land with restricted assignment

The ceiling: article 3 of Agrarian Reform Law No. 117 of 1970 voids any contract that raises what a person owns or holds above the ceiling, and it may not be registered.
Distributed land: article 24 of the same law bars recipients under articles 18 and 19 from transferring ownership of distributed land, and its fourth paragraph bars a recipient under article 18 from creating any real right over it; see agrarian reform in force.
Graduates' land: article 7 of Law No. 24 of 2013 allows transfer of the disposal right acquired under that law with the minister's approval, provided the transferee undertakes to keep farming the land.

Legal basis and sources

Frequently asked questions

I bought amiri land on a private paper years ago. Is it in my name?

No. An assignment is valid only if registered at the land registration department under article 1203.

I sold my land and the buyer has not paid. What are my options?

Claiming the consideration or seeking rescission of the assignment, with a seller's privilege over the disposal right, under article 1205.

The land turned out smaller than in the contract. Can I recover part of what I paid?

That depends on how the consideration was named: as a lump sum the boundaries govern; at a unit rate the area governs, under article 1206.

Are trees and a house included in the assignment if not mentioned?

Yes, under article 1207.

Always check the text in force and its amendments in the official source.

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Selling and assigning the disposal right over amiri land