Land Ownership and Registration in Border Areas

This law, which has been updated several times in the past years, regulates the ownership, transfer and registration of land in border areas.

Law No. 41 of 2004
Determination of Border Areas

The President of the Republic,
In accordance with the provisions of the Constitution,
Pursuant to what has been approved by the People’s Council in its session held on 04/09/1425 Hijri, 18/10/2004 Gregorian,
Promulgates the following:

Article 1
No in rem property rights may be established, transferred, modified, or acquired on land situated in a border area, nor may it be occupied by leasing, investment, or in any other way for a period exceeding three years for the name or benefit of a natural or legal person without prior authorisation.

Only the land located within the organisational schemes shall be exempted.

Article 2
The border areas shall be determined by a decree issued based upon the recommandation of the Ministry of Defence.

Article 3

1.    The authorisation stipulated in Article 1 of this Law shall be issued by a decision from the Minister of the Interior or his authorised representative, based upon the recommandation of the Ministry of Agriculture and Agrarian Reform and the approval of the Ministry of Defence.

2.    Rejection by the Minister of the Interior of an authorisation shall be considered absolute and not subject to any form of review. However, the request may be resubmitted in the event that the reason the authorisation was prohibited has abated or that a year has passed from the date of the rejection.

Article 4

1.    Court proceedingsrelated to a request to confirm any of the rights stipulated in Article 1 of this Law shall not be registered nor marked in the registry if they are not accompanied by an authorisation. All cases outstanding upon the date that the provisions of this Law enter into force shall be rejected if the authorisation is not provided, taking into consideration the provisions of Article 31 of Decision No. 186 of the year 1926. Land falling within the organisational schemes shall be exempted from this.

2.    The decisions of real estate judges pertaining to the delimitation and liberalisation of land in border areas shall be implemented and recorded in the real estate records provided that upon registration they are marked with an indication that no title deed may be granted, any contract implemented, or any transaction performed until after obtaining authorisation. Land falling within the organisational schemes shall be exempted from this.

Article 5
Transactions for confiscation of ownership of land in border areas implemented by executive departments at the Ministry of Justice shall be subject to public auction for the aforementioned authorisation. In the event that the final bidder does not obtain this authorisation, the outright transfer shall be legally invalidated and the property shall be re-offered for sale in public auction. Land falling within organisational schemes shall be exempted from this.

Article 6
In the event that an application for authorisation is not submitted within three months of the date of the transfer of the right in rem for land in a border area or from the date of its occupation by lease or investment or by any means for a period exceeding three years, the occupancy shall be considered invalid. Land falling within organisational schemes shall be exempted from this.

1.    In the event that land in a border area is occupied by way of leasing or investment or by any means for a period not exceeding three years, the occupant of the aforementioned land must inform the concerned administrative authority for the location of this land within the time period specified in Article 6 of this Law. Land falling within organisational schemes shall be exempted from this.

2.    The acquisition of in rem property rights or occupancy rights by way of inheritance or transfer shall not apply to land in border areasunless the concerned administrative authorities stipulated in the previous paragraph are informed.

3.    Anyone who employs farmers, labourers, or experts in cases included in this Law must notify the concerned administrative authority about all matters pertaining to their employment in accordance with the procedures provided in the executive instructions.

Article 7

1.    In the event that land is occupied through leasing or investment or by any way for a period not exceeding three years, the one occupying the aforementioned property must inform the concerned administrative authority in the location of the property within the period specified for that in Article 6 of this Law.

2.    The acquisition of in rem property rights or occupancy rights by way of inheritance or transfer shall not apply to land in border areas unless the concerned administrative authorities stipulated in the previous paragraph are informed.

3.    Anyone who employs farmers, labourers, or experts in cases included in this Law must notify the concerned administrative authority about all matters pertaining to their employment in accordance with the procedures provided in the executive instructions.

Article 8

1.    Property departments and notaries public shall refrain from performing the transactions included in the provisions of this Law unless accompanied by prior licensing or a copy of the notification of the required concerned administrative authority as the case may be.

2.    All contracts, actions, and procedures carried out in violation of the provisions of this Law or carried out under a pseudonym with the aim of avoiding its provisions shall be considered void, as shall all sub-clauses intended to ensure their implementation.

3.    The public prosecutor must establish the necessary suits to void the contracts, actions, and procedures in violation of the provisions of this Law and follow up on the implementation of the rulings issued for that purpose.

Article 9

1.    A punishment of imprisonment for six months to two years and a fine of ten thousand (10,000) Syrian pounds to one hundred thousand (100,000) Syrian pounds shall be applied to anyone who violates the provisions of Article 1 or Paragraph 1 of Article 8 of this Law.

2.    A punishment of imprisonment from three months to a year and a fine of three thousand (3,000) Syrian pounds to ten thousand (10,000) Syrian pounds be applied to anyone who violates Paragraphs 1 or 3 of Article 7 of this Law. A fine of three thousand (3,000) pounds to ten thousand (10,000) pounds shall be applied to anyone who violates the provisions of Paragraph 2 of Article 7 of this Law.

Article 10
The provisions of this Law shall not be applicable in the following instances:

1.    Transfer of in rem property rights or tenancy or investment rights to the benefit of public authorities.

2.    Transactions for categorisation or correction of descriptions.

3.    Transaction to establish, transfer, modify, or acquire any in rem property right or occupation by way of leasing or investment or by any method pertaining to parents and their children.

4.    Licensing procedures are being carried out in governorate centres as quickly as possible.

Article 11
The Minister of the Interior shall issue executive instructions for this Law.

Article 12
Legislative Decree No. 193 dated 03/04/1952 and Legislative Decree No. 75 dated 28/07/1962 shall be repealed.

Article 13
This Law shall be published in the Official Gazette.

Damascus, 13/09/1425 Hijri, 26/10/2004 Gregorian.

President of the Republic
Bashar al-Assad