A Comprehensive Guide to Co-Ownership in Syria

Co-ownership is one of the most common and complex forms of real estate ownership, where inheritance relationships and joint investments intersect. This comprehensive article by Imtilak Real Estate provides an integrated guide to understanding the concept of co-ownership, its characteristics, how it is managed, and the most important procedures related to it in the Land Registry, with a special focus on the challenges of transferring ownership and allocating heirs’ shares.

Definition of Co-Ownership

Co-ownership (also known as common ownership) is a form of real estate ownership in which more than one person jointly owns a single property. Each of them holds undivided shares that are not physically partitioned, meaning that no specific physical portion of the property can be exclusively identified or separated for any one partner. Instead, each partner owns an abstract proportional share in every part of the property.

In this type of ownership, the partners do not own the property collectively as a single legal entity; rather, each individual owns an independent undivided share. This distinguishes co-ownership from collective (joint) ownership, where the individual partner loses their real right in favor of the group. Therefore, co-ownership is sometimes described as “abstract ownership,” as the owner’s share is numerical rather than physically defined.

This type of ownership enjoys strong legal protection, especially when the property is registered in the permanent Land Registry (Green Title Deed – Tabou Akhdar), where registered rights are considered final and absolute and may only be challenged in cases of forgery, with full state guarantee of the accuracy of the data.

Main Sources of Co-Ownership

Co-ownership arises from several legal sources, but inheritance remains the most common and practically significant cause.

1. Inheritance

When a person passes away leaving more than one heir, their assets—including real estate—are transferred to the heirs on a co-ownership basis. In this case, all estate assets become jointly owned by the heirs according to legally determined shares (e.g., a male receives a share equal to that of two females under Islamic inheritance rules). However, these shares remain undivided and common in each asset of the estate until partition takes place. Here, Land Registry procedures play a crucial role in practically allocating each heir’s share.

2. Contracts and Legal Dispositions

Co-ownership may also arise by the will of individuals when two or more persons agree to jointly purchase a property. It may also arise through donation (gift) or bequest when a property is granted or bequeathed to more than one person. Additionally, co-ownership may result from acquisitive prescription (ownership gained through long-term joint possession), accession, or pre-emption rights.

Key Characteristics of Co-Ownership

3. The Partner’s Right to Dispose of Their Share

A co-owner enjoys all elements of ownership (right of use, right of exploitation, and right of disposal). This means that, in principle, they may dispose of their undivided share by selling, gifting, or mortgaging it. However, this right is not absolute and is subject to several conditions:

• The partner does not own a specific physical portion of the property and therefore cannot dispose of a specific part of it.

• The disposal concerns the “undivided share” as an abstract percentage, often requiring the consent of other partners or at least notifying them, and is subject to legal oversight to protect their rights.

• Other partners often have a right of pre-emption, allowing them to purchase the sold share in preference to third parties under the same terms and conditions.

4. Right to Use and Exploit the Common Property

This is one of the most problematic aspects of co-ownership. Each partner has the right to use and benefit from the common property, provided that such use does not harm the rights of other partners. If the activity cannot be shared (such as cultivating agricultural land), no partner may act independently without agreement. Temporary arrangements may also be agreed upon, either by time (rotational use) or by space (temporary allocation of specific portions to each partner).

Management of Co-Owned Property: Majority and Unanimity Rules

Syrian law establishes specific rules depending on the type of administrative acts to regulate management and avoid disputes:

1. Ordinary Acts of Administration

These are acts that do not fundamentally alter the property, such as routine maintenance, short-term leasing, and collecting revenues. In this case, approval of partners owning 75% of the shares (three-quarters) is sufficient, and the decision is binding on the dissenting minority.

2. Fundamental Dispositions and Extraordinary Administration

Acts affecting the essence of ownership or altering the nature of the property—such as sale, mortgage, substantial modifications (change of use), or long-term lease agreements—require unanimous consent of all partners. If agreement cannot be reached, partners may resort to the judiciary to take appropriate measures, appoint a property manager, or request partition.

Partition as a Final Solution to End Co-Ownership

Each partner has the right to request termination of co-ownership through partition unless legally or contractually obligated to remain in co-ownership for a specified period. Partition may occur in two ways:

• Voluntary (Consensual) Partition

Partners mutually agree on how to divide the property and allocate shares. This method is faster and less costly but requires unanimous agreement and legal capacity of all partners. It cannot proceed if one partner is a minor, absent, or legally incapacitated.

• Judicial Partition (Removal of Co-Ownership)

If agreement is impossible, any partner may file a lawsuit for removal of co-ownership. The court appoints an expert to assess whether the property can be physically divided without substantial loss of value. If so, portions are distributed accordingly. If physical division is impractical or harmful, the court may order the property sold at public auction and distribute the proceeds among partners proportionally.

Importance of Registration in the Land Registry

Co-ownership is fully protected only if registered in the official Land Registry. Registration grants strong legal protection and renders rights fixed and absolute. Without registration, ownership remains vulnerable to disputes and challenges.

In Syria, the permanent Land Registry (Green Title Deed) is considered the strongest form of ownership documentation. Each property has its own land record page documenting ownership and associated rights, guaranteed by the state. Entries in the temporary registry also have evidentiary power until transferred to the permanent registry.

Registration Challenges in Common Cases

1. Unregistered Properties

In some areas not covered by cadastral updates, properties may remain unregistered or recorded in outdated registers. In such cases, owners must obtain judicial rulings establishing ownership and then execute the ruling in the Land Registry.

2. Irrevocable Powers of Attorney

Although common, this type of instrument does not directly transfer ownership in the Land Registry; it constitutes only a commitment to transfer ownership, making it less secure than full registration.

The Role of the Land Registry in Allocating Heirs’ Shares

Upon inheritance, the Land Registry plays a crucial role in practically and legally allocating heirs’ shares. The process includes:

1. Issuance of a Legal Inheritance Certificate: Obtaining a court-issued document identifying heirs and their legal shares.

2. Land Registry Review: Updating records to register all heirs as co-owners according to their shares.

3. Registration of Share Units: Shares are recorded as numerical units (often out of 2400 total shares). For example, an heir owning one-half is registered with 1200 shares; one-third equals 800 shares, and so on.

4. Right to Dispose of Shares: After registration, each heir may sell, mortgage, or gift their registered undivided share, subject to other partners’ rights.

Tips for Dealing with Co-Ownership

• Document Agreements in Writing: Record any agreement regarding use or benefit distribution, preferably in official form.

• Register Transfers Promptly: Immediately register any transfer (sale or inheritance) in the Land Registry.

• Request Partition When Necessary: If disputes hinder investment or cause harm, consider voluntary or judicial partition.

• Seek Legal and Real Estate Experts: Due to the complexity of co-ownership, consult a specialized lawyer or trusted real estate advisor.

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