Real estate registration filings in Basrah
The office of lawyer Ali Barakat in Baghdad sets out the federal rules that apply to real estate registration filings in Basrah, under Real Estate Registration Law No. 43 of 1971, published in the Iraqi Official Gazette, issue 1995, of 10/5/1971. The account is of the statutory framework in that governorate. It is not evidence that the office has a branch outside Baghdad.
The federal law that applies in Basrah
An immovable disposition does not conclude except by registration at the Real Estate Registration Department, under article 3 of the Real Estate Registration Law. A sale of immovable property does not conclude unless it is registered and the form required by law is fulfilled, under article 508 of Civil Code No. 40 of 1951. The Department registers immovable dispositions, final court judgments and what is treated as such, affecting original and accessory immovable rights, and the transmission of those rights to general successors, under article 2.
These articles are federal law, so they apply in Basrah as they apply in Baghdad and in the other governorates not organised in a region. The law does not contain a rule that names Basrah, and it does not set out a fixed table of Real Estate Registration Department names there. The filing remains at the Real Estate Registration Department in whose area of work the property lies, as shown by the register and by the property's location.
The Minister, who in this law is the Minister of Justice, may by statement open a Real Estate Registration Department or attach an area to another department within municipal limits, under articles 1 and 36. That statement organises the work. It does not change the rule that a disposition concludes by registration.
Documents and the area of work
A registration application must be accompanied by the title deed or a copy of the real estate register, and by the legal documents on which the transaction is based, such as a power of attorney, a certificate of heirs, sharia instruments and final court judgments, under article 83. The real estate registers, certified copies of them and the deeds issued from them are the basis for proving ownership and other immovable rights. They are evidence against all persons as to what is recorded in them unless they are challenged as forgeries, and a challenge of simulation is not heard against dispositions registered in them, under article 10.
Each department's area of work is the basis for identifying where the filing is made, as appears from article 14. A person whose property is in Basrah applies to the department in whose area of work that property lies there, not to a department in Baghdad merely because a legal enquiry was made from an office in the capital.
What may differ in the Kurdistan Region from the path in the governorates not organised in a region is reviewed under the legislation in force within the Region, and that path is separate from the federal rules that apply in Basrah.
The title deed and certified copies of the register are evidence of what is recorded in them, in Basrah as in the other governorates not organised in a region. If there is a dispute about the owner or about a right entered against the property, the reference remains the register at the Real Estate Registration Department in whose area of work the property lies, not an enquiry office in Baghdad.
Legal basis and sources
- Real Estate Registration Law No. 43 of 1971 (Iraqi Official Gazette, issue 1995 of 10/5/1971)
- Civil Code No. 40 of 1951 (Iraqi Official Gazette, issue 3015 of 8/9/1951) — Article 508
Frequently asked questions
Is a real estate registration filing for a property in Basrah handled by a department in Baghdad?
No. The filing is made at the Real Estate Registration Department in whose area of work the property lies. The fact that the lawyer's office is in Baghdad does not move the Basrah property's register entry to a Baghdad department, and it does not mean that the office has a branch in Basrah.
Which law governs registration of a property in Basrah?
Real Estate Registration Law No. 43 of 1971 applies. It is a federal statute. Conclusion of a sale of the property remains dependent on registration and fulfilment of the required form, under article 508 of the Civil Code and article 3 of the Real Estate Registration Law.
What documents are attached to a registration application in Basrah?
The title deed or a copy of the real estate register is attached, together with the legal documents on which the transaction is based, such as a power of attorney, a certificate of heirs, sharia instruments and final court judgments, under article 83.
Related topics and articles
- 01Real Estate Registration Departments in Baghdad, Karkh and RusafaFiling at a Baghdad Real Estate Registration Department under Law 43/1971: venue follows the department's area of work, the property and its register.
- 02Sale or mortgage and the real-estate tax step in governorates not organised in a regionSale or mortgage and the real-estate tax step in governorates not organised in a region, under Law 162/1959 and Land Registration Law 43/1971.
- 03What a landlord reviews before and after a lease in BaghdadWhat a Baghdad landlord reviews before and after a lease under Rent Law 87/1979 and the Civil Code.
- 04Ending co-ownership of shared propertyHow co-ownership of property ends under the Civil Code: agreed partition by registration, a First Instance claim, or sale if it cannot be divided.
- 05Acquisitive possession of property and the passage of timeWhen an ownership claim against a possessor of unregistered property is not heard: fifteen years, or five with good faith and just title (art. 1158).