Definition of land ownership:

The term land contains all physical elements in the wealth of a nation bestowed by
nature, it includes anything on the ground (such as buildings, crops, trees, water), and
under the ground (mineral rights), down to the center of the Earth .Owner: the person
who owns something (person who has the lawful or rightful title to something). Land
ownership: The Authority shall transfer directly to the Owner of the land through which
it can use, operate and work within the limits of the laws .The tapu Law was released in
Iraq in 1870 . The Ottoman State created the tapu Department this department charged
with registering real estate and related transactions such as selling, mortgage, transfer,
and other same actions.

Transfer the Ownership of Real Estate:

1 .Transfer ownership between persons:
1-Operation (Sell-Buy).2-Exchanging Properties In this operation no money is exchanged
, owners agree to exchange properties.
3-Living Inheritance.4-Donation is the operation of transferring a property ownership
through donation to some person.5-Al Takharuj This is a transfer of one’s share of an
inheritance to any of the other inheritors.
2 .Transfer between two governmental bodies: Administrative Expropriation.
Real estate ownership is transferred from one governmental body to another. The amount
of money exchanged is agreed upon either through the ministers, or sometimes through
the prime minister if the transfer is between two different ministries.
3. Transfer between persons and a governmental body: Judicial Expropriation:
Any estate department may become the owner of a privately owned (plot of land or a
property) via a Civil Court Decision. To expropriate a specific plot of land or property,
the court is legally responsible for proving that no objection to the transfer exists. The
fact that this acquisition is based on the agreement of the applicant for the acquisition and
the owner of the property, No one shall be deprived of his property except in the public
interest.

The documents required for the transfer of ownership of the property:

1-Ground official documents.2-Civil state ID card.3-Evidence.4-Information card.
5-Mokhtar certification.6-Both parties (The buyer and seller).
It is not permissible for a foreigner to own a real estate in Iraq for any reason
whatsoever and not to participate in the auction of the sale unless the following
conditions are met and obtaining the approval of the Minister of Interior:
1. Has been in Iraq for at least seven years.
2. There is no administrative or military impediment.
3. Not to be close to the Iraqi border with less than thirty kilometers.
4. The land shall not be agricultural land.
5. The foreigner may possess only one residential property and another for his work,
if needed.
 For an Iraqi citizen to own property the most important condition must to own
iraqi id card.
By : shler sagvan &marya abdulrahman