Jurisprudential–Legal Analysis of the Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds

Abstract

The aim of the present study is to provide a “jurisprudential and legal analysis of the Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds.” Immovable property holds a special place among the public, and with the rising prices of real estate, the increasing tendency of individuals to preserve ownership of such property has elevated the importance of land registration. Registration enables owners of lands and buildings to establish and secure their ownership, reduce conflicts and disputes among people by clarifying property boundaries, and determine taxes owed to the government. Accordingly, legislative developments in this regard led to the enactment of the Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds in 2011. This study was conducted using a descriptive–analytical method based on library research, compiling information through note-taking from multiple sources, including books and articles. Informal (non-official) transactions involving immovable property have consistently been controversial and challenging within the country’s legal system. One of the most frequent categories of cases brought before judicial authorities consists of property disputes and claims arising from informal transfers of real estate. Moreover, given the current societal conditions, the annulment of the validity of informal transactions has been among the concerns and demands of the Supreme Leader, as His Excellency has declared informal transactions of immovable property to be a major source of corruption and money laundering. The registration of property and the informal sale of real estate have led to increased disputes and widespread litigation among the public. To address this issue and organize qulnāmeh-based lands, the legislator enacted the Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds. The enactment of the Registration Law in 1931 demonstrated the legislator’s intention to regulate the ownership status of property and to initiate social transformation nationwide. Ultimately, in 2011, under the title Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds, the conditions for issuing ownership documents were approved. With the enactment and implementation of Articles 147 and 148 (as amended) of the Registration Law and the Law on Determining the Status of Lands and Buildings Lacking Official Title Deeds—and the acceptance of applications for issuing ownership documents based on informal deeds—these documents were endowed with legal validity, recognized by registration offices across Iran, and serve as the basis for issuing official ownership certificates.