Land Laws in Kingdom of Saudi Arabia and the United Kingdom - Essay Example

? Land laws in Kingdom of Saudi Arabia and the United Kingdom Land Laws in Kingdom of Saudi Arabia and the United Kingdom Introduction Land law refers to the law, which governs real property. Real property refers to all land, firmly attached and integrated equipment such as a well pump or light fixture, structures, and anything which grows on land. Land laws are very useful in defining the right to occupy or own property, right to occupy land or property for a set period of time, the right to drill oil deposits, the right to regain the property if not utilized for the right purpose, among others. This study will look at land laws in Kingdom of Saudi Arabia and United Kingdom and highlight the differences and similarities, which exist in the rules of land laws in the two kingdoms. The Rules of land Laws in Kingdom of Saudi Arabia In Saudi Arabia, the greater percentage of total land is owned by the government. Private individuals own only the property in the urban area and land which is cultivated in the rural areas. The law stipulates that all land titles deeds must be registered. However, accurate information on the extent of land registration does not exist (Sait & Lim, 2006). Initially, the law stated that real estate could only be owned by the native citizens until when the property laws were amended to give the right to foreigners to also own property. However, for individuals who are not citizens of the Kingdom of Saudi Arabia to invest in property there is a need for them to seek council of ministers approval. Three categories of land exist in the Kingdom of Saudi Arabia. These include developed land, undeveloped land, and protective zones. Developed land constitutes constructed environment of towns and villages and land, which has been agriculturally developed. The law states that this land may be sold, bought, or inherited. Land, which is not developed, constitutes grazing pasture and wilderness. Grazing land and pasture is a common good. As such, the law authorizes every citizen to use it. However, the wilderness is a state property, which may be open to all unless the state imposes some restrictions. The Saudi land law uses the Waqf. This is a form of land ownership in, which a Saudi national has the right to transfer property to an organization or foundation for long term charitable or religious reasons. Once land or the property has been transferred under Waqf, the law does not allow further transfer or alienation of the same property. The Rules of the Land Law in United Kingdom The United Kingdom law is the law of real property in Wales and England. This law entails acquisition, priority and content of rights and obligations among people with land interests (Gray & Gray, 2009). The old content of English land law is related to property rights that come from common law, the registration system and equity. Normally, ownership of land in the United Kingdom is acquired through a sale contract where the buyer acquires the land through a written agreement with the seller, and there is an exchange of money. In order to complete such a purchase, the law states that the purchaser of the land must formally register his intention to buy the land in land registry. Apart from sale contracts, the law stipulates that individuals may acquire interests in land through contribution to home acquisition price, or to family life if the courts of the land can find evidence of a common purpose that this should occur. The law also recognizes a constructive or resulting trust over the property, and in credit of individuals of social interest in their households, these do not need to be registered just like a lease whose duration is less than seven years (Gray & Gray, 2009). Further, the law stipulates that individuals can acquire land through propriety estoppels. This refers to a situation where an individual is assured to receive land or property, and relied on this to their detriment, the court may acknowledge it. Adverse possession is a form of ownership which allows a person who gains possession of land for a period exceeding twelve years without a formal objection by the real owner of the land, to take possession of the said land. More than two people may be interested in a given land, and can be used in several ways. As such, the United Kingdom law allows for a freeholder or joint ownership of land. The law also regulates the conditions in which individuals in a joint ownership may sever or even sell their share in the case of joint ownership. Licenses and leases allocate the use of such land to the people who have acquired it for a period of time. Landowners also have the right to use their properties as collateral in seeking for a loan in banks and other micro financial institutions. Money lenders are also given the authority by law the right to seize property in cases where the debtors are defaults in paying the loan. Lastly, Easements and covenants entail duties and rights between neighbors, for instance with a contract that a neighbor will not grant a right of way or develop on a given piece of land. Differences between the Land Law in Kingdom of Saudi Arabia and the United Kingdom In the kingdom of Saudi Arabia, the law requires that for non-Saudis to acquire and own land they need approval of from the council of ministers (Sait & Lim, 2006). However, this does not apply in the United Kingdom, here the purchaser of the land, whether resident or not must formally register his intention to buy the land in land registry In the United Kingdom people who lend money to the public have been granted the authority by law to seize property in cases where the debtor defaults in paying the loan (Gray & Gray, 2009). However, this is not the case of the kingdom of Saudi Arabia. For example, in the case of Williams and Glyn’s v Boland, Mr. Boland had a problem in repaying a loan, which he secured using his Beddington house, which he occupied with his wife Mrs. Boland who had made a significant contribution to the house even though she was not registered in the homes title deed. The said loan was utilized in the construction of a company. However, it emerged that Mrs. Boland had not consented to the mortgage agreement. Both the house of the lords and court of appeal agreed that Mrs. Boland occupied her home and her interests bound the bank (JISC, 1980). This case shows that the bank had the right to seize the house if it had not been bound by Mrs. Boland interest. Both states provide women with rights to acquire, alienate and manage property. However, under Sharia law, which is applied in the kingdom of Saudi Arabia, women in Saudi Arabia were accorded smaller inheritance share (Sait & Lim, 2006). This is not the case in United Kingdom where women have the right to inherit same shares of land as their male counterparts. Similarities between the Land Laws in Kingdom of Saudi Arabia and United Kingdom In case of civil dispute such as, dispute in matters of land, the laws in the two states allow the aggrieved parties to come up with their own arbitration methods. That is, the terms under which disputes should be settled. As such, the verdict of the arbitrator is legal in both domestic laws, unless it is very clear that is unreasonable. However, the arbitrator is not allowed to impose any custodial or physical punishment as part of the judgment. The ownership of land in both kingdoms is evidenced by the existence of title deeds. Registration of land is very vital in assisting the states in resolving land disagreements between different parties. In addition, it assists the states in meeting its desires of ensuring that all information about land is available for the purpose of ascertaining the amount of revenue to be collected thereof. Further, the practical definition of land includes slightly more than the common use of the word. Land means, minerals and mines, buildings or part of buildings among other things. As such, land includes physical things attached to it and other things. In Holland v Hodgson case, it was held that looms which had been installed in a factory form part of the land (JISC, 1980). Further, it was noted that the definition of land will not include objects or things which arresting on land or those which are attached to land due to gravity. As such, easily removable materials like curtains, carpets would not be considered as land, but taps and plugs are categorized as land. Conclusion From the above discussion, it can be noted that land laws in the kingdom of Saudi Arabia and United Kingdom though similar in some aspects, it has notable differences. This can be attributed to the culture and religious differences of the two kingdoms. Critical analysis of their land laws reveals that these laws have been tailor made to meet the requirements of the different nations. However, it is vital to note that land is a very critical factor of production in any country and the easiness in which it can be secured is a determinant factor for prospective investors. As such, since the world is a continuously becoming a global community due to globalization, states should aim at coming up with laws which can accommodate citizens from other nations so as to create a conducive environment for foreign investors. References Gray, K.J., & Gray F.S (2009).Elements of Land Law. New York. Oxford University Press, JISC, (1980).United Kingdom House of Lords Decision. Retrieved from,  http://www.bailii.org/uk/cases/UKHL/1980/4.html Sait S., & Lim, H. (2006).Land, Law and Islam:Property and Human Rights in the Muslim, New York, USA, World, Zed Books ltd Read More