Explained: Easement Rights for Public Benefit
On July 9, 2023, the Prime Minister’s Office issued Decision No. 1141, which sets easement rights for a series of properties located within the route and perimeter of the high-voltage electricity line 66, running between the towns of Al-Kiswah in Rural Damascus and Al-Sanamayn in Daraa. Decision No. 1141 also included the establishment of easement rights for public benefit, such as the right of way across another person’s land and the placement of poles and towers, including the extension of electrical and aerial cables.
Articles 960 to 993 of the Syrian Civil Code No. 84 of 1949 regulate the provisions of easement rights.
Under Article 960, an easement is defined as an obligation imposed on a specific property for the benefit of another specific property owned by another person. In other words, an easement is an in rem right that is applied to a property for the benefit of another property, rather than a personal right for the property owner. This concept was also confirmed by the judicial interpretation of the Court of Cassation No. 622 base 663, dated August 28, 1960. Essentially, easement limits the authority of the property owner in using some of their rights on their property or granting neighbouring property owners usage rights on the designated property.
Next, Article 961 of the Civil Code lists the types of easements. A natural easement occurs due to natural events, such as the flow of water from higher ground to lower ground and does not require official documentation in the Land Registry. A legal easement, whether for public or private benefit, also does not require a Land Registry entry. The third type is a consensual easement, arranged by individuals on their properties through mutual agreement — this type requires documentation in the Land Registry.
Article 967 of the Civil Code refers to specific laws and regulations that determine the legal easement rights for public benefit, such as enabling access to beaches and riverbanks, or facilitating the construction, maintenance or usage of public pathways or facilities, especially military installations on land or at sea.
Syria’s Expropriation Law, issued by Decree No. 20 of 1983, granted public entities the right to establish easement rights on properties that may be expropriated for the implementation of public benefit projects. Under Article 37 of this decree, establishing easement rights for public benefit must be done through a decree based on the proposal of the relevant minister, while easements must be compensatory. This is due to the clear impact these easements can have, causing harm to certain property ownership rights. For example, in the case of establishing easement rights for the passage of high-tension electrical wires over private properties, this leads to damage to all such properties through which the wires pass, causing a decrease in their value. Therefore, justice requires compensation for property owners adversely affected by this.
However, the more recent Decision No. 1141 from July did not include any reference to potential compensation for property owners who have had easement rights imposed on their properties. This means the decision violates Article 37 of Expropriation Decree No. 20 of 1983. In this case, the owners of these properties could resort to the administrative judiciary to demand compensation for the easement rights imposed for public benefit on their properties.
Finally, expropriation or easement for public benefit carried out without a decree, as is the case with Decision No. 1141, constitutes an infringement on property rights. Jurisprudence, as per Decision No. 606 base 640 of 1996, considers that expropriating someone else’s property without issuing an expropriation decree is an unlawful act. The general jurisdiction of the ordinary courts would handle compensation claims in such instances.