Steps to Transfer Property Ownership in Jordan: Procedures and Required Documents

There are two main things to consider after buying a property: property registration and transferring its ownership. Property ownership is one of the most important steps to save the new owner’s rights, and provides a legal framework for regulating buying and selling operations.

Importance of Transferring Property Ownership

1.Legal proof of ownership
Transfer of ownership ensures the property is officially registered in the new owner's name with the relevant authorities, protecting their legal rights and preventing any future ownership disputes.

2.Protection of all parties' rights
Documenting the transfer of ownership safeguards the rights of both the seller and the buyer, confirming that the sale was conducted legally and transparently, thus preventing any subsequent claims or disputes.

3.Avoidance of disputes and legal issues
Failure to officially transfer ownership can lead to problems such as the property being sold to more than one person or claims by heirs or creditors. Therefore, official transfer minimizes these risks.

4.Freedom to dispose of the property
After transferring ownership, the new owner has the full right to sell, rent, mortgage, or invest in the property without legal restrictions.

5.Official recognition with government agencies
Transfer of ownership is essential for the property to be officially recognized by government agencies, such as municipalities, electricity and water companies, and banks, especially when applying for financing or a mortgage.

6.Defining financial liabilities
By transferring ownership, the party responsible for taxes, fees, and utility bills is identified, preventing any confusion or undue financial claims.

Conditions for Transferring Property Ownership in Jordan

Before transferring property ownership from the old to the new owner, some conditions must be applied:

• Required time period: At least two years must have passed since the property allocation decision by the Public Housing and Urban Development Corporation, except in special cases such as properties sold at the minimum price or through public auction.
• Settlement of all financial obligations: Before transferring ownership of the property, it must be ensured that there are no outstanding financial obligations on the property, such as taxes, property taxes, and fees imposed by official authorities.
• Absence of legal issues: It must be ensured that there are no legal issues or regulatory violations that could impede the property transfer process.
• Clearance certificate: After fulfilling the requirements, a clearance certificate must be issued by the relevant authorities confirming the absence of any outstanding financial obligations on the property to finalize the ownership transfer.

What Are the Requirements to Transfer Property Ownership in Jordan?

Before transferring ownership of the property, several documents must be provided:

• Property registration document
  
• Land survey plan
• Site planning map
• National ID for both buyer and seller
• Original property ownership contract
• Tax and fee clearance certificate
• Approval from financing entities for mortgaged properties
• Notarized power of attorney, if applicable

Property Ownership Procedures in Jordan

1.Ensuring all required conditions are met
2.Preparing the necessary documents
3.Submitting the property transfer application to the relevant authorities (Land and Survey Department)
4.Reviewing the application and completing the procedures

• Verifying the legal documents
• Conducting a site inspection of the property, if necessary
• Confirming all financial settlements and the absence of any outstanding debts

5.Paying the transfer fees, which vary depending on the type of property and usually range between 1% and 3% of the property value
6.Completing the property transfer process

• Signing the contracts before the relevant authorities
• Officially registering the property in the new owner's name
• Issuing a new title deed confirming the transfer of ownership

Tips to Transfer Property Ownership

In order for property ownership to be transferred smoothly and easily without any legal complications, there are some things that can help.

1.Consulting a Specialized Lawyer

Consulting a specialized lawyer helps ensure a smooth property transfer by reviewing contracts and verifying their legal validity, providing advice on applicable taxes and fees, and guaranteeing the protection of the rights of both parties (buyer and seller).

2.Verifying Property Ownership

It is best to ensure that the property is officially registered in the seller's name and free of any legal disputes, mortgages, or liens to avoid future problems that could hinder the transfer of ownership.

3.Reviewing Official Plans

Before finalizing the property transfer, it is advisable to compare the property details with official records, such as area, location, and plot number, to ensure there are no discrepancies that could lead to delays or rejection of the transaction.

4.Officially Documenting the Contract

Documenting the sale contract with the relevant authorities guarantees the legality of the transaction and serves as official proof in case of any future disputes.

5.Documents Backup

After completing the sale and transferring ownership of the property, it is best to keep copies of official documents, such as the contract, payment receipts, and any other relevant documents, for future reference in case of disputes.

FAQs

1.What are the steps of property ownership transferring?

• Ensuring that all required conditions are met and that there are no outstanding legal encumbrances or issues with the property.
• Preparing all necessary documents.
• Submit the property transfer application to the Land and Survey Department, where the application is reviewed.
• A site visit to the property may be conducted if required.
• After confirming all financial settlements and paying the transfer fees, the contracts are signed in the presence of the relevant authorities.
• Officially registering the property in the new owner's name and issuing a new title deed.

2.What are the steps to prove property ownership in Jordan?

Property ownership in Jordan is proven by officially registering it with the Department of Lands and Survey in the name of the new owner. This involves signing contracts before the relevant authorities and completing the property transfer procedures, ultimately resulting in the issuance of a new title deed (or land registry document).

3.What are the required documents to transfer property ownership?

• Property registration document.
• Land survey and site plan.
• Civil status identification documents for both the seller and the buyer.
• Original title deed.
• Tax and fee clearance certificate.
• Approval from financing entities if the property is mortgaged, and a notarized power of attorney if a legal representative is present.

4.What are the property transfer fees in Jordan?

The fee varies depending on the type of property, but it typically ranges between 1% and 3% of the property's value. It is paid after all required procedures and financial settlements have been finalized.