Adviser to the Legislation and Opinion Bureau, Dr. Abdul Rahman Al-Thneibat confirmed that the Real Estate Ownership Law canceled 13 laws related to the regulation of provisions related to real estate in general, including land, so that they could be unified in the real estate law.
This came during a specialized awareness-raising workshop held by the ABJ for workers in the banking system entitled “A Study on the Most Important Provisions in the Real Estate Ownership Law” through visual communication technology. According to the law, all the land laws in force were studied and were unified in one law to give the law its comprehensive nature facilitating reference to it by those applying its provisions, with the abolition of many names and procedures that were valid in a long period of time and found under conditions that no longer exist and therefore there is no justification for the survival of these texts.
The workshop was initiated by the Director-General of ABJ, Dr. Maher Al-Mahrouq, who said that the association will continue to hold workshops as a main part for workers in the banking system and to discuss the latest developments, whether legal or other technical matters, with the aim of opening a comprehensive dialogue between banking system workers and specialists leading to the best fruitful results.
Dr. Maher Al-Mahrouq confirmed that there are many activities that contribute to activating the role of the association to serve the interests of its members, indicating that the coming period will announce those activities in a manner that achieves the interests of the association members and the best benefit.
Dr. Al-Thneibat pointed out that the Real Estate Ownership Law guarantees the protection and stability of real estate ownership against any defect or judgment that may affect its stability, noting that it includes a set of chapters within one law and is categorized by topics making it easy to refer to.
The texts of the draft law were numbered sequentially, and the law contained (10) chapters amounting to (224) articles.
The advisor to the Legislation and Opinion Bureau reviewed the most prominent laws pointing out that the first chapter focused on the most important new provisions contained in the law, while the second chapter was devoted to some of the problems that appeared when applying it.
Regarding the new provisions in the real estate law, he said that the chapter included the cancellation of (13) laws regulating provisions related to real estate in general, including land. The most important of them is the Ottoman Land Law, after it was considered a source of laws related to the lands that were enacted after it since the era of the emirate after independence, and the fact that these laws were issued in separate periods and did not come with a comprehensive treatment of all provisions related to lands, so no law abolished those laws, and the laws were numerous and the provisions governing them were mixed.
Dr. Al-Thneibat reviewed the laws that were canceled, which included: “1- The Ottoman Land Law. 2- Land and Water Settlement Law No. (40) of 1952. 3- Law for the conversion of lands from the type of Miri to property No. (41) of 1953. 4- Law No. (42) of 1953 for Defining, Surveying, and Valuing Land Movable No. (49) of 1953. 8- Law No. (61) of 1953 on the Disposal of Legal Persons in Immovable Property. 9- Law Amending the Provisions Relating to Immovable Property No. (51) of 1958. 10- Law on Registration of Immovable Property Pre-registered No. (6) of 1964. 11- Law of Ownership of Floors and Apartments No. (25) of 1968. 12- Expropriation Law No. (12) of 1987. 13- Law of Leasing and Selling Immovable Property to Non-Jordanians and Legal Persons No. (47) of 2006″.
On some of the problems that arose when applying the provisions of the real estate law, which was addressed in the second chapter, Dr. Al-Thneibat explained by saying, “The second chapter included what is related to the text of Article (63) of the Real Estate Ownership Law No. (13) of 2019 that: (Dispositions or contracts shall not be or any transactions that take place on real estate or water are valid in the areas in which the settlement was made, unless they are registered with the Directorate of Registration, and any act, contract or transaction conducted to the contrary shall be considered null.
He stated that Article (2) of the Landlords and Tenants Law No. (11) of 1994 (Real Estate) defined the following: (Real estate: immovable property leased for purposes other than agricultural exploitation).
Dr. Al-Thneibat also indicated that Article (5) of the Law Regulating Lease Contracts No. 3 of 1973 states that: (Real estate lease and rental contracts are registered in municipal departments and village councils in whose areas leased properties are located).
He touched upon the second chapter of real estate ownership saying that “leasing for the purposes of trade or housing is outside the concept of Article (63) of the Real Estate Ownership Law, and is covered by the provisions of the owners and tenants law, provided that the lease contracts for the purposes of trade or housing are registered in the municipal departments that are located Real estate leased within its areas in accordance with the text of Article (5) of the law regulating the said lease contracts.