Law Office ofAli Barakat
Sale, lease, and the recording of title

How to read an Iraqi property title document before buying

In briefA title document issues from the register after registration becomes final. A buyer should compare it with a current registry copy, the property file and the site because attachments, mortgages and restrictions may arise later.

Before paying a deposit or signing a preliminary paper, a buyer usually asks to see the land-registry document. Reading it properly means more than checking the owner's name. The office of lawyer Ali Barakat in Baghdad, al-Yarmouk, explains how to test what is being sold, who may dispose of it and what entries may restrict it.

The document reflects the register

Article 1 of Real Estate Registration Law No. 43 of 1971 describes the title document as a document issued under the property register after registration acquires final form. Article 10 gives the registers, certified copies and documents evidential value and makes the property register prevail where it differs from the summary register. A document handed to an owner years ago therefore speaks from its issue date. It may not show later attachments or mortgages, so a current registry copy should be obtained before payment.

Identifying the property unit

Article 81 identifies the unit by its serial number, or by plot and district number, and makes the register the foundation for identification. A buyer should compare:

  • plot, district or serial number;
  • location, area, category, type and attached structures;
  • whether the right is full ownership, a right of disposition, an undivided share or a unit in a building.

If the seller describes a two-storey house but the record describes land, or the measured area differs, the discrepancy matters. Article 90 requires an inspection report to address boundaries, characteristics and rights, and the findings affect the transaction.

Who controls disposition?

Article 136 explains the special entry that enables the person whose rights are recorded, and nobody else, to make consensual dispositions. The document belongs to all holders of principal rights, and a co-owner may ask for a document covering that person's shares. When a share is offered, the recorded shares must be calculated and the seller's whole or partial interest identified.

A person who physically holds an owner's document does not thereby gain authority to sell. The power or other legal capacity relied upon must be checked against the record. Under article 136(3), a document is not issued for shares whose registration charges are unpaid or whose registration has not become final.

Entries a buyer should examine

Article 96 defines registration barriers, including attachment by a judicial or authorised official body, incapacity and other barriers recorded in the register or file. Article 97 requires a dedicated attachment register, and article 98 provides for entries on the property record or file. Mortgages, privileges and no-disposal restrictions linked to finance or projects may also appear. Two questions follow: which body made the entry, and what transaction does it affect?

An entry is not the end of the analysis. Article 101 lists registrations permitted over attached property, and article 103 deals with removal of an attachment. Still, a purchaser should understand the entry's effect before releasing the purchase money.

Matching the record with the site

The property file is checked for descriptions and barriers under article 84. Compare the document with boundaries, entrances, access and possible construction on neighbouring or public land. If someone occupies the property, establish the basis of occupation, because a transfer of ownership does not automatically remove protected lease rights.

Legal basis and sources

  1. Real Estate Registration Law No. 43 of 1971

Frequently asked questions

Does an old title document prove there is no attachment?

Not by itself. It reflects the register at issue; the land registry should be asked for the current position.

What does ownership of shares mean?

The seller holds an undivided interest, so the number of shares and permissible disposition must be checked.

Is a phone image of the document enough?

It assists preliminary review only. Verification of the current entry belongs with the competent Real Estate Registration Department.

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

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