ownership – Syria Report

The conditions for distributing state-owned agricultural land to farmers were established by Decree No. 166 of 1968, but the distribution of state-owned land to farmers in Al-Ghab Plain, Tar, Al-Ala, Al-Asharna, and Al-Rouj Plain was carried out under a special legislative decree a year later under Decree No. 66 of 1969.

These areas are considered extensions of Al-Ghab Plain and are administratively part of Hama Governorate, except for Al-Rouj Plain, which belongs to Idlib Governorate. These areas were originally swamps that were drained in the 1950s, transforming into fertile agricultural plains known for growing strategic crops such as cotton, sugar beet, sunflower, wheat, and tobacco.

Decree No. 66 of 1969 stipulated that the land distribution to farmers would be free of charge, provided the irrigated land does not exceed four hectares and the rain-fed land is not less than two and a half hectares. These areas are smaller than those distributed to farmers under Decree No. 166 of 1968, which was based on Article 13 of the Agrarian Reform Law No. 161 of 1958. Article 13 stipulated that the land area should not exceed eight hectares for irrigated or tree-planted land, and between 30-45 hectares for rain-fed land, depending on the annual rainfall rate.

Decree No. 66 of 1969 set conditions for distribution in Al-Ghab Plain, Tar, Al-Ala, Al-Asharna, and Al-Rouj Plain, including that the beneficiary must be a Syrian citizen, of legal age, primarily engaged in agriculture, and without sufficient income from other owned or invested agricultural land to support their family. These conditions are almost the same as those specified in Decree No. 166 of1968.

In addition to the above conditions, Decree No. 66 of 1969 prioritised distribution based on certain categories, giving preference to those licensed to benefit from agricultural land in those areas and the current tenants of state-owned land in the regions specified by the decree, who do not have another source of income.

Following this, the decree gave priority to “gardeners,” though it did not clearly define them, typically referring to those who care for trees. They are followed in rank by those who replaced absent licensees or worked on vacant lands, provided they have farmed the land for at least one agricultural season. Agricultural workers are at the bottom of the priority list.

Specialised committees appointed by the Minister of Agriculture and Agrarian Reform are responsible for the distribution process in the specified areas. These committees include farmers among their members. Their decisions only become effective after approval by a higher committee chaired by the Minister of Agriculture. This higher committee also includes representatives from the General Union of Farmers, the Ministry of Public Works and Housing, and the Distribution and Survey Director of the General Directorate of Cadastral Affair.

Beneficiaries of the land distribution must cultivate the land themselves, adhere to the investment and production plans set by the Ministry of Agriculture, and reside in the areas designated by the ministry. Failure to meet these conditions results in the forfeiture of the land, which is reclaimed and re-registered in the state’s name, with no right to claim compensation for the beneficiary’s effort and expenses.

Beneficiaries are prohibited from transferring the land or establishing any property rights on it, such as usufruct or easement rights for others, under penalty of distribution cancellation. However, the beneficiary may mortgage the land in exchange for a loan from the Agricultural Bank.

If the beneficiary of the land passes away, their heirs may assume the right to use the land, provided they meet the aforementioned conditions. If the heirs do not meet these conditions, the right to use the land transfers to the cooperative association to which the farmer belongs in the area. However, the heirs will be reimbursed for any investments and improvements made by the deceased on the land.

The distribution deeds serve as legal documents enabling the farmer to register the distributed land in their name in the land registry, whenever the Ministry of Agriculture decides. This means that the right to use the land (usufruct) can become full ownership, contingent on a decision by the Ministry of Agriculture, without specifying a timeframe. Consequently, some farmers possess ownership deeds for their land in the area, while others still hold beneficiary status.

Under Law No. 61 of 2004, which amended the agrarian reform laws, beneficiaries become full owners of the land, whether it is state-owned or agrarian reform land. Ownership is retroactively effective from the date of land distribution and is recorded in the land registry based on a request from the Directorate of Agriculture in the governorate. This is not the case in Al-Ghab Plain, Tar, Al-Ala, Al-Asharna, and Al-Rouj Plain.

Decree No. 66 of 1969 required landowners in the decree’s jurisdiction, who were not beneficiaries of the distribution, to adhere to the agricultural investment plans set by the Ministry of Agriculture. This is seen as a restriction on the owner’s right to manage their agricultural property, particularly since they did not benefit from the distribution process.

The Civil Code No. 84 of 1949 outlines the provisions and legal nature of usufruct rights, defining them as a real right that pertains to the property itself without any intermediation from others. Usufruct rights grant the holder direct authority to use and exploit an immovable or movable property while the actual ownership, or “bare ownership,” remains with the owner.

In other words, ownership rights allow the owner to dispose of, use, and exploit their property, including the benefit of its use. However, an owner can relinquish the usufruct rights to another, granting that individual the power to use and exploit the property while retaining the right to dispose of it.

Furthermore, an owner of a property encumbered with usufruct rights can sell the property, but the usufruct rights remain with the beneficiary. The beneficiary can exercise their rights over the property, benefit from it, and relinquish their usufruct rights to another without the property owner’s consent. This means that a new property buyer does not have the authority to evict the beneficiary.

This illustrates the difference between renting and usufruct. While renting is a personal right and not a real right, it guarantees the tenant the benefit of the leased property but does not grant them the right to use and exploit it. Therefore, the landlord can evict the tenant.

Conversely, the usufruct beneficiary cannot make ownership transactions with the property, which remains solely with the owner. This is supported by judicial precedent in Court of Cassation decision No. 1436 of 1980, stating that the beneficiary has a real right over the property and can transact with it, except for its ownership or “bare ownership.”

Usufruct rights are established through a contract between the property owner and the beneficiary, where the owner grants the beneficiary the right to use the property, with or without financial compensation, while retaining the bare ownership. If the usufruct applies to real estate, this right must be registered in the Land Registry or marked with a claim to establish the usufruct on the land record.

In this case, the beneficiary is required to conduct an official inspection to identify the property subject to usufruct and its contents. The beneficiary must also provide a guarantor or a cash or physical guarantee to compensate the property owner for any damage at the end of the usufruct period. These two conditions (the inspection and the guarantee) are not mandatory. They can be waived by the contract establishing the usufruct right, according to Article 939/2 of the Civil Law. The beneficiary must also take care of the property and return it to the owner in the same condition as it was at the beginning of the usufruct, under penalty of being responsible for any subsequent damages.

Usufruct rights can also be established through prescription (Statute of limitations), provided that the property has not undergone delimitation and census, meaning it does not yet have a Land Record. Usufruct rights on such land are acquired through long prescription, that is, after 15 years of possession of the property.

Usufruct rights are not permanent; they expire either at the end of the specified term or upon the beneficiary’s death. Therefore, usufruct rights are not transferred to the heirs of the beneficiary. This contrasts with the rights concerning Amiri lands. In the case of Amiri lands, the state owns the bare ownership but grants others the right to dispose of them, allowing these individuals to use, exploit, and cultivate the land. The benefit of such disposition transfers to the heirs upon the death of the disposer, and if included within zoning plans, the property can become the absolute ownership of the beneficiary (or their heirs), allowing for the legal classification of the property to be changed from Amiri to private ownership.

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Explained: Distribution of State-Owned Land to Farmers in the Al-Ghab Plain

Explained: Usufruct Rights