SCA 34274047/2013
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
General Real Property Law, Regulatory Compliance
Copyright
LexisNexis
Decision date
29 May 2013
Catchwords
Public Land Dispute – Sale of Land – Invalid Sale – Ownership documentation
The initial dispute involved land which had been sold and paid for but the authorities had then claimed was public land. The seller claimed he owned the property but did not have ownership documentation. The sale was declared invalid as for a sale to be valid the seller must be able to hand over the item which has been sold.
Background
A buyer claimed that he bought residential land and paid its full price (60,000 Riyals). However, when he attempted to build on the land the relevant authority prevented him from doing so claiming the land was public land i.e. owned by the state. The authority knocked down the fence, which the buyer had built on the land. The buyer therefore filed a case with Samtah General Court (Case Number: 3413329 Folder Number: 34208897 on 19/03/2013) requesting the seller to refund his money.
The seller claimed that he did own the land but that he did not have a document to prove his ownership and he could not challenge the authority.
Decision