Ownership & RightsEasement
Synonyms: Servitude، Praedial servitude، Appurtenant easement
Last updated: 2026-09-25
Short Definition
An easement is a real right over one property (the servient property) for the benefit of another property owned by someone else (the dominant property), such as a right of way, water channel or drainage, and it stays attached to both properties when transferred or subdivided.
Overview
An easement is a real right over one property (the servient property) for the benefit of another property owned by someone else (the dominant property), such as a right of way, water channel or drainage, and it stays attached to both properties when transferred or subdivided.
The Civil Transactions Law defines the easement in Article 699 and lists it among original real rights (Art. 26); it is acquired by legal disposition or by inheritance (Art. 700). Where the owner of two separate properties creates an apparent easement between them, the right survives the transfer of either or both to other owners unless agreed otherwise (Art. 701). The law regulates specific types, such as rights of way (Arts. 702–703) and rights relating to water, channels and runoff (Arts. 704–710). An easement is governed by its founding instrument and local custom; the cost of using and maintaining it falls on the dominant owner unless agreed otherwise (Arts. 711–712), and the servient owner may not obstruct it but may ask for it to be moved to an equally convenient location if it becomes burdensome (Art. 713).
An easement ends when its term expires, when both properties come into one owner's hands, when its use becomes impossible, when its holder waives it, or when its purpose disappears (Art. 716), and a claim to it is not heard after ten years of non-use (Art. 717). As a real right, in areas announced for registration it must be recorded in the Real Estate Registry to be enforceable (Art. 13, Law of Real Estate Registration), and if the burdened property is subdivided the right continues over each part unless agreed otherwise (Art. 33). Buyers should therefore check the deed and the registry for easements before purchasing, as they affect use and value.
⚖️ Legal Basis
Easements rest on the Civil Transactions Law (Royal Decree M/191 dated 29/11/1444H): Article 26, which classifies them as original real rights, and Articles 699–718 on their creation, types, effects, termination and the bar on claims after ten years of non-use. The Law of Real Estate Registration (Royal Decree M/91 dated 19/9/1443H) requires every disposition creating, transferring or ending a real right to be recorded in the Real Estate Registry to be enforceable (Art. 13) and keeps a real right attached to each part when a burdened property is subdivided unless the parties agree otherwise (Art. 33).
💡 Practical Example
Majid owns farmland in Taif that has no suitable access except across his neighbour's land. They agree on a 4-metre-wide right-of-way easement along the northern boundary for a one-off payment of SAR 80,000, document it and record the right against both properties. Majid paves the track at his own cost of SAR 30,000 because he owns the dominant property. Three years later the neighbour sells his land to an investor, and the easement remains binding on the new owner because it is a recorded real right that follows the property.
⚠️ Common Mistakes
- ✗Relying on an oral agreement or informal paper for an easement without documenting and recording it, so it cannot be invoked against a new owner.
- ✗Assuming that tolerating a neighbour's passage creates a permanent right; Article 702 states that a right of way is not established by permission given out of tolerance.
- ✗The servient owner building structures that obstruct the easement instead of asking for it to be relocated to an equivalent spot.
- ✗Buying property without checking recorded easements and their effect on building and value.
- ✗Leaving an easement unused for ten years, after which a claim to it is not heard.
🌍 International Differences
Most legal systems recognise easements: Egypt's Civil Code regulates them, and in Turkey irtifak hakkı is registered in the tapu. In common-law countries an easement may be acquired by prescription after long, open use, which Saudi law does not follow, as it limits acquisition to legal disposition and inheritance. In the UAE, easements are registered with the land departments.
FAQs
What is an easement?▾
An easement is a real right established for the benefit of one property over another property owned by someone else under Article 699 of the Civil Transactions Law, such as a right of way, a water channel or a runoff right. It follows both properties when ownership changes.
How is an easement acquired in Saudi Arabia?▾
It is acquired by legal disposition, such as a contract or will, or by inheritance under Article 700. An apparent easement created by an owner between two of his properties also survives their transfer to other owners unless agreed otherwise.
Who pays the costs of an easement?▾
The cost of works needed to use and maintain an easement falls on the owner of the dominant property unless agreed otherwise. If the works benefit both properties, costs are shared in proportion to the benefit under Article 712.
Can the location of an easement be moved?▾
Yes. The servient owner may ask for the right to be moved if it has become more burdensome or prevents useful repairs, provided the holder can use it as easily as in the old location, under Article 713.
When does an easement end?▾
It ends when its term expires or its subject disappears, when both properties come into one owner's hands, when its use becomes impossible, when its holder waives it, or when its purpose disappears, under Article 716. A claim to it is not heard after ten years of non-use.
