Real Estate Cases in Jordan

Real Estate Issues in Jordan 

 Real estate legal consultations are not just about questions and answers! Legal consultations exist to preserve the rights of property owners and ensure that real estate property is are conducted according to the laws set by the relevant government departments; therefore, Homes Jordan has paid great attention to providing comprehensive legal real estate services in its offices and through its website and completing all real estate procedures legally to ensure that clients are not exposed to any legal loopholes that lead to facing real estate cases.

•  Through our article on real estate cases in Jordan, we will shed light on the most important concepts related to real estate cases from a legal perspective, in addition to the important legal transactions that are implemented by the relevant authorities and preserve the rights of all parties.

The concept of Real Estate Issues? 

A real estate case relates to any dispute or disagreement that arises between two or more parties, whether real estate investors, contractors, property owners, tenants, or any other parties that represent a part of the real estate investment.

Types of Real Estate in Jordan 

● State-owned properties by law.

● State-owned properties, designated for public benefit.

● Properties owned by individuals, who have the right to dispose of them privately.

What is the role of a real estate lawyer? 

The real estate lawyer provides real estate legal protection for property owners and real estate developers to ensure the preservation of real estate ownership rights. This is done by providing specialized services in various real estate cases and following up on the completion of all procedures in the relevant authorities, including the Department of Lands and Survey. The role of the real estate lawyer also includes providing other services such as negotiations and resolving real estate disputes in a way that achieves the interest of the property owner.

It is worth noting that Homes Jordan has an elite group of real estate lawyers who perform their work to the fullest, starting from legal consultation until completing all legal papers and registration procedures at the Department of Lands and Survey. (H3)

List of Real Estate Cases in Jordan 

Discussing real estate includes all real estate sectors, whether public, private, or individual, in addition to the various real estate fields such as residential, commercial, educational, and others. Therefore, it was essential to establish laws and regulations that cover all real estate cases and protect the rights of property owners. Some of these cases include:

1. Mortgage cases                   

2. Real estate ownership cases

3. Land division transactions

4. Possession cases

5. Easement cases

6. Annulment cases

7. Gift, Endowment, and Will cases

8. Real estate contracts and agreements cases

9. Preemption in Jordanian law

10. Public auctions in Jordan  

11. Transfer, withdrawal, and recommendation

12. Partition of joint ownership

1.   Mortgage Cases

The mortgage is a financial loan mortgaged to a property between the borrower and the borrower. The principle of the mortgage is that the ownership of the property is a guarantee for the lender, meaning that if the borrower defaults on the financial payment, the borrower has the right to dispose of the property and take legal measures to take ownership of the property.

2. Real Estate Ownership Cases

Real estate ownership cases relate to proving the ownership of a property by a specific entity or person through a legal process. This is necessary when there are disputes over the right to own the property. A property ownership case requires presenting documents and evidence to the relevant authorities to establish ownership.

3. Land Division Transactions Under the New Law in Jordan

Land division transactions are extremely important for organizing land use in both urban and non-urban areas. The legal land division procedure aims to protect property rights and clarify which lands are within or outside of zoning regulations.

4. Possession Cases

According to Jordanian law, possession is a means of acquiring a right. It is a physical act that grants the possessor effective control when certain conditions are met. Possession is considered one of the grounds for acquiring ownership.

5. Easement Cases

Easement is a right derived from property rights. It refers to the right of one property, called the servient estate, to benefit a different property, called the dominant estate. The benefit from an easement is often for public benefit or shared interest.

6. Annulment Cases

An annulment claim is related to various real estate contracts. The creation of a contract between the parties serves to organize the obligations and rights of the contracting parties. If one or more elements of the contract are missing, it leads to its annulment. Therefore, it is essential to ensure the contract's validity and verify its terms.

7. Gift, Endowment, and Will Cases

·       Gift: A legal contract that requires an offer and acceptance between the donor and the recipient. The ownership is transferred immediately upon contracting, without compensation from the recipient. All types of property can be gifted.

·       Endowment: A unilateral intention from the endower that does not require transferring ownership or acceptance from the beneficiaries. The purpose of an endowment is public benefit, not private ownership. All types of property can be donated.

·       Will: A unilateral intention from the testator that takes effect for the beneficiary after the testator's death. The will has a specific limit and should only apply to one-third of the estate.

8. Real Estate Contracts and Agreements Cases

Any error in a real estate contract can lead to numerous problems and high costs. Therefore, the role of a real estate lawyer is crucial when drafting any real estate contract to protect the rights of all parties and avoid any issues. The contract should specify the type of contract, the parties involved, include both Gregorian and Hijri dates, and clearly outline all terms and conditions.

9. Preemption in Jordanian Law

Preemption is a legal right based on a contractual foundation, tied to property ownership law. This right applies when a contract is made on property that qualifies for preemption. Preemption in Jordanian law gives a person the right to purchase the property, usually by matching the price or covering the associated costs. This right is granted to individuals who have a legal relationship with the property, such as through partnership, proximity, or inheritance. They have priority in purchasing and owning the property subject to preemption.

10. Public Auctions in Jordan

A public auction is one of the methods for recovering financial rights under the law. It is the last resort that a creditor resorts to after exhausting all legal procedures to collect their dues from the debtor. This is done by submitting a request to the Execution Department and obtaining the approval of the Execution Head to refer the property for sale at a public auction.

11. Transfer, Withdrawal, and Recommendation

The terms "transfer," "withdrawal," and "recommendation" each have different meanings, but in the end, they all lead to the same goal.

• Transfer: The transfer of property from a deceased person to their heirs according to the provisions of Islamic law.
• Withdrawal: The sale of a portion of the inheritance by one or more heirs after the death of the decedent to another heir or heirs for an agreed-upon amount. This is done based on the inheritance statement and the withdrawal deed issued by the Islamic Sharia courts.
• Recommendation: The right of a specific person or entity to own the deceased’s movable and immovable assets, provided that it does not exceed one-third of the deceased’s estate. The person with the right cannot be an heir.

12. Partition of Joint Ownership

Partition of joint ownership is a legal procedure in which the shares in the joint property are distributed among the partners according to each partner's share in the inheritance statement. Each partner receives a specific document for their share, or they can take the equivalent value if the property is sold. The principle of partition is to distribute the shared ownership amicably among the partners. However, if the partners cannot reach an agreement on the distribution, or if one or more partners are absent, legal solutions are sought to complete the legal distribution of shares.

Most Common Questions About Real Estate Cases and Lawsuits 

·       What is the difference between ownership and possession?
 

Ownership is the absolute right of the property owner to fully control the property, including its benefit, use, sale, or lease. Possession, on the other hand, grants the holder the right to use the property but does not allow for full control, such as selling the property.

·       What is the difference between ownership and easement?
Ownership is the absolute right of the property owner to control the property fully, including its benefit, use, sale, or lease. Easement, however, is a right derived from ownership that limits the use of a specific property (called the servient estate) to benefit another property (called the dominant estate).
·       Are annulment and rescission the same thing?
Both annulment and rescission result in restoring the situation to what it was before the contract. They have retroactive effects, and if this is not possible, compensation may be ordered. The difference between annulment and rescission lies in the timing of the cause, the source of the judgment, and the type of contract.
·       What is the difference between a gift and an endowment?
A gift is an individual benefit that requires the transfer of ownership to the recipient, while an endowment is a public benefit that does not require the transfer of ownership.

Is there a similarity between a will and a gift?

A will is a unilateral decision by the testator about the distribution of their property after death, while a gift is a transfer of property during the donor’s lifetime. There are no similarities between them, as a gift is a contract that requires acceptance and offer between the two parties, and it is possible to gift all assets to the recipient. On the other hand, a will is a unilateral decision made by the testator that is executed after their death, and it must be limited to one-third of the estate only.

Is every property offered at a public auction?

• No, because a public auction is the last resort used by a creditor after all judicial solutions have been exhausted to recover their rights from the debtor. It requires obtaining official approval and completing all the legal procedures.
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Legal Cases, Lawsuits, and Transactions The terms "cases," "lawsuits," and "legal transactions" all carry the same meaning and are processed through a series of legal procedures. It is very important for everyone to understand the laws and legal loopholes, especially in the real estate sector, which faces ongoing challenges and significant changes in Jordan and its capital.