SCA 3420758/2013
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
General Real Property Law
Copyright
LexisNexis
Decision date
1 Jan 2013
Catchwords
Land ownership – Dispute – Two Deeds – Sales Chain – Sales Contract
The case involved a request by a property owner who had discovered land he had purchased and had a notarised deed proving his ownership was also claimed to be owned by another individual who also had a notarised deed proving his ownership. The Court contacted the notary and asked his opinion and details of the sales chain. It established the second landowner's claim was invalid as the land had been sold to him by a seller who did not own it at that time. This was not a valid sale as you cannot sell what you do not own so his sales contract was cancelled.
Background
A landlord claimed that he had bought a piece of land (Land Number 203- Jeddah) and he had the deeds which had been issued by a Notary on 06/06/1984. However, the landlord discovered there was another landlord who claimed he owned the same piece of land and also had an ownership deed. The landlord filed a case (Case Number: 32391074 Folder Number: 3417544 on 04/12/2012) requesting the court to cancel the deed of the other landlord.