The Regulating Legal Provisions of the Removal of Commons by Disposal: The Real Estate Ownership Law of 2019

Nasir Albalawee1, Mishael Al-Raggad2, Jafar Hammouri3 & Ali al-mahasneh4

https://doi.org/10.62271/pjc.16.1.419.430

Abstract
This study examines the legislative framework governing property disposal in Jordan, focusing on the Real Estate Property Law. Through a detailed analysis of the law’s provisions and their practical implications, the research highlights several key insights. The amendments introduced by the Jordanian government aim to streamline the process of disposing of communal property, emphasizing economic value enhancement. However, criticisms exist, particularly regarding the lack of specialized resources dedicated to addressing decommunization matters within the Department of Lands and Surveys. Despite these challenges, the Real Estate Property Law is crucial for resolving property disputes and fostering economic development. Addressing identified deficiencies and ensuring effective implementation of the law will be essential for realizing its intended benefits and promoting a fair property disposal process. Practical recommendations are provided to enhance the protection of owners’ and renters’ rights and to address deconsolidation issues within the Department of Lands and Survey. Future research should focus on potential revisions of the Real Estate Property Law to streamline processes and ensure fair proceedings.

Keywords: Real rights, Real Estate Ownership Law, transfer of ownership, judicial division, and public auction sale.