Yemen, Rep.

Registering Property in

Yemen, Rep.

Below is a detailed summary of the steps, time and cost involved in registering property in Yemen, Rep.. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

This information was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 189 economies. The most recent round of data collection was completed in June 2015.

Compare Yemen, Rep. to 188 other economies.

  • Standard Property Transfer

  • Property value: YER 14,839,755
  • City: Sanaa
No. Procedure Time to Complete Associated Costs
1 The parties report the transaction at the notary public’s office
Agency: Notary public

Both seller and buyer shall go to a notary public licensed by the Ministry of Justice. The notary public first verifies the title deed which should be duly certified by the court and registered in the land register. The notary public shall review the agreement with regard to the selling price, way of payment, and location of the real estate. Then they shall specify a date to visit the location of the real estate for inspection.
1 day Charge is paid in Procedure 3
2 Inspection of the land location by the notary public
Agency: Notary public

The notary public shall inspect the location, area, and borders of the land, thus measuring all dimensions. He shall decide whether the title deed is consistent with the physical estate.
5 days no cost
3 Parties return to the Trustee’s office where the notary executes the sale deed
Agency: Notary public

In case the inspection in Procedure 2 is consistent, the notary will prepare the draft sale deed in a special register in his own handwriting. He will note down other documents such as checking the initial building permit if it is a building, electricity bill, water bill, the telephone bill and the municipality ground rent payment certificate – all provided by the seller. The notary also obtains previous sale deeds if the property in question was purchased from someone in the past. In the draft sale deed he notes down all the previous sale deeds. These are always in the possession of the seller. Both parties sign and also put their left hand thumb impression, in front of two witnesses. The notary keeps all the documents with him. The parties may take with them witnesses or the witnesses would be provided by the trustee/notary. The notary then executes a formal deed of sale in his own handwriting on the official form which is purchased from the Ministry of Justice which is kept with the Trustee – usually this form is already available at the notary’s office. At this stage this document bears only the notary’s signature and stamp. A copy of the sale contract is maintained by the notary public together with a copy of the title deed. The seller either receives the money in front of the notary or admits having received the sale price. The notary charges his fee according to the prescribed fee in the law in respect of registration/ authentication of documents.
1 day 1.5% of property value up to YER 100,000 plus 0.5% of property value for excess over YER 100,000 (Notary fees)
4 Submit the sale deed to a competent court for certification and authentication.
Agency: Court

The new owner submits the title deed to the court for certification and authentication of the signature and seal of the notary public after payment of authentication fees. The chairman of the court endorses and transfers the title deed to the documents registration branch in the same court. The registration branch checks the Trustee’s jurisdiction. The sale deed is received for registration by the purchaser who pays the registration fee. This Procedure is not required by law but companies still prefer to certify the sale deed at the court for comfort. Prior to a legal reform in 2002, this Procedure was mandated by law.
3 days 0.25% of property value (Court fees) + 0.0625% of property value (Judiciary Support Fund fees)
5 Stamp the sale deed at the chairman of the court
Agency: Court

After paying the registration fee, the purchaser takes back the sale deed to the chairman of the court, who stamps the document.
2 days Already paid in Procedure 4
6 Apply for the registration to the Survey & Land Registration Authority
Agency: General Authority for Lands, Surveying & Urban Planning

The buyer applies to the Survey & Land Registration Authority for registration of the title deed of the land, filling up a certain form enclosing copies of the old and new title deeds along with the C.R. of the Company. All these documents are submitted to the Legal Department of the Survey & Land Registration Authority. The Registration Department in turn studies the documents to ensure their legal validity. Then all the documents are referred to the Examination Department, Ownership Confirmation Department, and Survey Department for completion of the required Procedures. The Examination Department ensures that there is no objection, dispute, or mortgage against the transfer of title deed. Then they enter the application with a serial No. and refer it to Ownership Confirmation Department for survey and visit of the location of land to ensure compliance of the borders and area with the new title deed. Then they project it to their cadastral map. The application and the survey are registered in their records and submitted to the Legal Department. The Legal Department writes to the General Director of Survey & Land Registration Authority stating that all the primary Procedures have been completed under the law. Then he in turn notifies the concerned party to complete the Procedures and registration after payment of duties and taxes. Duties and taxes are paid at the Financial Affairs Department in the Survey & Land Registration Department. After the payment for the registration, the purchaser's name is recorded in the registry of owners. In the event of non registration, the law requires a fine to be paid for delayed registration. After payment of the duties, Title Deed Confirmation Department shall complete the Procedures of registration stating the name of the new owner. All documents of the application are then sent to the Information & Documents Department for archiving.
7 days YER 2,033 (fees for examination of site) + 1% of property value (transfer tax)
  
Answer Score
Quality of the land administration index (0-30) 7.0
Reliability of infrastructure index (0-8) 1.0
What is the institution in charge of immovable property registration? General Authority for Lands, Surveying & Urban Planning
In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? No 0.0
Institution in charge of the plans showing legal boundaries in the largest business city: General Authority for Lands, Surveying & Urban Planning
In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? No 0.0
Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Different databases but linked 1.0
Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? No 0.0
Transparency of information index (0–6) 2.5
Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Anyone who pays the official fee 1.0
Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes, on public boards 0.5
Link for online access:
Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, in person 0.0
Link for online access:
Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? No 0.0
Link for online access:
Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
Contact information:
Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? No 0.0
Number of property transfers in the largest business city in 2014:
Who is able to consult maps of land plots in the largest business city? Freely accessible by anyone 0.5
Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? No cost 0.5
Link for online access:
Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
Link for online access:
Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
Contact information:
Geographic coverage index (0–8) 0.0
Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
Are all privately held land plots in the largest business city formally registered at the immovable property registry? No 0.0
Are all privately held land plots in the economy mapped? No 0.0
Are all privately held land plots in the largest business city mapped? No 0.0
Land dispute resolution index (0–8) 3.5
Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
Is the system of immovable property registration subject to a state or private guarantee? No 0.0
Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
If yes, who is responsible for checking the legality of the documents? Registrar; Notary.
Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
If yes, who is responsible for verifying the identity of the parties? Registrar; Notary.
Is there a national database to verify the accuracy of identity documents? No 0.0
For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? General civil court
How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 2 and 3 years 1.0
Are there any statistics on the number of land disputes in the first instance? No 0.0
Number of land disputes in the largest business city in 2014:

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