Law No. 17 of 2010 A.D. Concerning Real Estate Registration and State Property
Publication Date: January 1, 1970
Law Number: 17
Issuing Authority: General People's Congress
Type of Legislation: Laws
Status: Original, in effect
Sector: Justice
Law No. 17 of 2010 A.D. Concerning Real Estate Registration and State Property

General People's Congress

In implementation of the resolutions of the Basic People's Congresses at their annual session of 1377 A.R. (Libyan Revolution Year)

And after reviewing:

The Declaration of the Establishment of People's Power.
The Great Green Book of Human Rights in the Era of the Masses.
Law No. 20 of 1991 A.D. concerning the promotion of freedom.
Law No. 1 of 1375 A.R. concerning the organization and operation of the People's Congresses and People's Committees.
The State Property Law of 1965 A.D.
Law No. 11 of 1988 A.D. concerning the Socialist Real Estate Register.
Law No. 12 of 1988 A.D. concerning the Socialist Real Estate Registration and Documentation Authority.
Law No. 2 of 1993 A.D. concerning Notaries, and its amendments. The following law was enacted:

Table of Contents

Chapter One: General Provisions
Chapter Two: Establishing Property Ownership
Chapter Three: Technical and Surveying Work
Chapter Four: Documents Subject to Registration and Publication
Chapter Five: Documentation Procedures
Chapter Six: Final Provisions
Repeal of Law No. 11 of 1988 and Law No. 12 of 1988
Entry into Force and Publication of the Law
Chapter One: General Provisions
Article 1

This law establishes a register called the Real Estate Register, which will be managed by the Real Estate Registration and State Property Authority.

Article 2

Real property rights shall be registered in the Real Estate Register in accordance with the provisions of this law and other applicable legislation, as well as any transaction or procedure that the law stipulates must be registered. The data recorded therein shall have the force of official proof.

Article 3

This law establishes an authority called the Real Estate Registration and State Property Authority, which shall have legal personality and independent financial autonomy. Its organizational structure, detailed powers, location, and administrative procedures shall be determined by a decision issued by the General People's Committee*. The Authority shall have branches, departments, and offices, the establishment of which and their respective jurisdictions shall be determined by a decision issued by the Authority's management.* (Pursuant to Article 35 of the 2011 Constitutional Declaration, any reference to the General People's Committee or People's Committees shall be deemed a reference to the Executive Office, its members, or members of the government, each within their respective jurisdictions.) Article 4

Those entrusted with managing the department, directors of divisions, and heads of offices shall, before assuming their duties, take an oath to perform their duties with integrity and honesty and to uphold the law. The oath for the head of the department shall be administered by the president of the Court of Appeal within whose jurisdiction the department's headquarters is located, while the directors of divisions and heads of offices shall take the oath before the president of the Court of First Instance within whose jurisdiction the division or office is located.

Article 5

The department, its divisions, and offices shall be responsible for real estate registration, documentation, and management of state property, in accordance with the provisions of this law and the regulations and decisions issued thereunder. The powers of the department may be amended by a decision of the General People's Committee*. Pursuant to Article 35 of the Constitutional Declaration of 2011, any reference to the General People's Committee or the People's Committees shall be deemed a reference to the Executive Office or its members, or members of the government, each within their respective jurisdiction.

Article 6

Employees of the Real Estate Registration Department may not perform any of the duties stipulated in this law if they concern themselves personally or concern a relative by blood or marriage up to the fourth degree of kinship.

Article 7

Files and documents that have been registered or are related to registration procedures may not be removed from the real estate registration divisions or offices. However, competent judicial authorities or those authorized to do so may inspect such files and documents at the premises of the division or office. Any interested party may also inspect them at the aforementioned premises in the presence of an employee of the department. The implementing regulations of this law shall specify the procedures for inspecting or obtaining copies of documents, maps, and drawings attached to real estate files, as well as the applicable fees. Article 8

The Real Estate Registration Authority shall issue a bulletin, called the Real Estate Bulletin, at least once a month. This bulletin will publish final title deeds and the details of provisional title deeds, and what is published therein shall be considered legally binding.

Chapter Two: Establishing Ownership
Article 9

No lawsuit may be filed in court regarding the entitlement to or establishment of ownership of real property or any other real property rights, unless accompanied by a certificate from the competent Real Estate Registration Authority or office, indicating the status of the property in the land registry. The implementing regulations shall specify the type of certificate and the manner of its issuance.

Article 10

The Real Estate Registration Authorities and offices may not take any action on applications to establish ownership of any property for which a lawsuit has been filed, until a final judgment has been issued or proof of the termination of the lawsuit is provided.

Article 11

Applications to establish ownership shall be submitted to the Real Estate Registration Authority or office within whose jurisdiction the property is located, by the interested party or their representative, on the prescribed form, in accordance with the provisions of the applicable legislation. If the property falls within the jurisdiction of multiple authorities or offices, registration shall be with the authority or office within whose jurisdiction the largest part of the property lies; in case of a tie, registration shall be with the authority or office designated by the Ministry.

Article 12

An application to establish ownership may be submitted by any interested party, and in particular:

The owner or co-owner.
The holder of the right of usufruct.
The trustee or beneficiary of a waqf (religious endowment).
The mortgagee.
The legal guardian.
The liquidator.
The creditor who has obtained a final judgment for enforcement against the property.
A claimant of a real property right on unregistered property; in this case, the applicant must submit a copy of the lawsuit filed with the competent court, along with the necessary documents. Article 13