Poll: Abdullah Al-Salih: real estate real estate, as the legislation and regulations that regulated the sector posed a great challenge that requires keeping up and familiarity with the details of real estate-related laws.
Amlak Real Estate Journal surveyed a number of lawyers.
Amlak Real Estate Journal polled a number of lawyers about the challenges facing the future of real estate cases.
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Omar Al-Shammari: Complications in updating some instruments
Mr. Omar Al-Shammari, a lawyer and founding partner at Eyas Law Firm, stressed that the bifurcation and diversity of jurisdictions is an obstacle facing litigants, as some jurisdiction falls to the commercial court and others to the general court, especially the lease of real estate objects such as warehouses and the like, as this is the jurisdiction of the general court, and Al-Shammari pointed out that there are special departments for real estate contributions in the General Court in Riyadh, which is competent to consider most cases even if the defendant is outside Riyadh, and there is a liquidation committee that considers cases before 22/06/1426 AHRiyadh <Al-Shammari explained that non-updated instruments are not considered, which contributed to the loss of some rights, so when some of the partners in the common instruments benefit, the other partners cannot file a suit for similar rent or a suit for preemption without updating the real estate instrument, and some of the requirements for updating the real estate instrument have a jurisdiction related to other entities such as Najiz, Iqam, the notary and others for the court, and all parties may apologize so that the instrument remains without updating, according to my personal experience. Al-Shammari said: “Claims of damage to the real estate property after the eviction of the property are one of the most common cases received by lawyers.”
As for the impact of real estate legislation, Al-Shammari explained that its full activation will solve many issues, and we are also waiting for the abolition of notaries and the transfer of all their powers to the virtual notary, because there are some complications that delay the updating of some instruments for a long time due to the difficulty of the procedures of some departments.
Al-Shammari advised real estate owners to update their deeds for a long time. Al-Shammari advised real estate dealers not to deal with anyone other than licensed entities and individuals to sell and empty, such as notaries and notaries, and warned that there are contracts drafted by some lawyers in order to document the sale of properties that are either mortgaged or common and the proof of ownership has many obstacles.
@Omarbinmahdi
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Firas al-Hadlak: Failure to register leases. Major issues
For his part, Mr. Firas Al-Hadlaq, a lawyer, explained that rent issues and failure to register contracts in the Ejar platform is one of the most prominent obstacles facing lawyers, explaining that these contracts are not valid to be an executive document and are not valid for judicial consideration without registering them in the platform, which loses rights.Firas Al-Hadlaq, a lawyer. Al-Hadlaq explained that real estate cases in the courts are multiple; including rent, compensation for damage, ownership or building on someone else's land, and some disputes lie in the evidence and documents needed for proof, and each case has different facts from the other.
<Regarding the impact of modern real estate legislation on the progress of lawsuits, Al-Hadlaq said: “The regulations made the speed in the consideration of cases, such as making the lease contract an executive document, which was not previously, and among the most prominent regulations in the real estate sector are the Evidence Law and the Civil Transactions Law.”
Al-Hadlaq said. Al-Hadlaq pointed out that the state has facilitated many regulations and made urgency important to preserve people's rights and money. He suggested adding additional fields in rental contracts to make the contract more accurate and an executive document, referring to the Ejar platform that if conditions are added in the contract, the rental contract is not considered an executive document.
Firas Al-Hadlaq recommended that the real estate sector should be given the opportunity to make the lease contract an executive document. Firas Al-Hadlaq recommended five tips for market participants, which he summarized as follows:
Firas Al-Hadlaq
1- Verify the value of the land and that it is not built on landfill.
2- Ensure guarantees and insurance against hidden defects.
3- Regular maintenance Regular maintenance of the property.
3. 4-Check the licenses when renting the shop, there are a number of properties that do not have all the licenses.
5- Inspect the property. <5- Inspecting the property in the morning is better than in the evening.
@Fera_lawyer
