Property Rights

The Bahraini Civil Law permits ownership of property under the system of subdivided floors and apartments. This type of ownership combines subdivided ownership and common ownership, where the owner of a floor or apartment holds exclusive rights to that space, defined by agreed-upon boundaries. Additionally, there is a common share in shared areas among all owners, such as the land on which the building is erected, staircases, roofs, foundations, ceilings, entrances, internal corridors, and other communal parts. The distinction between subdivided and common ownership is based on usage; parts exclusively used by the owner are considered subdivided, while parts used in common are regarded as shared ownership, with each owner’s share in these common parts proportional to their subdivided ownership value, assessed based on area and location at the time the property was created.

Family ownership, according to Bahraini Civil Law, refers to the agreement among members of a single family with shared interests to establish family ownership in writing. This ownership can consist of an inherited estate that they agree to make wholly or partially family property, or any other property they choose to include. The agreement cannot exceed 15 years; however, any partner may request court permission to withdraw their share before the term expires if there is a compelling reason. Partners may not request division while family ownership is in effect, and no partner may transfer their share to an outsider without the consent of all partners.

Common ownership arises through inheritance; when the deceased passes away, their estate becomes common among the heirs. It can also be established through agreement when multiple individuals purchase property together. The termination of common ownership occurs through division, either amicably agreed upon by all partners or judicially conducted by the court if there is no consensus. It can also end through disposal, such as when all partners sell or donate their shares to a single buyer or beneficiary.

Subdivided ownership refers to ownership of a specific property defined by four boundaries (north, south, east, and west), granting it independent status distinct from other properties. In contrast, common ownership involves multiple owners of a single property, where each owner’s share is not subdivided or defined, representing a proportion of the entire property (e.g., one-quarter, one-third, or one-half). Shares are assessed in terms of ownership stakes, indicating that the owner possesses a specific number of shares out of the total shares in the property.

Pre-emption, as defined by the Civil Law issued by Decree-Law No. (19) of 2001, is the right of a co-owner in common to substitute for the buyer if a share of the common property is sold to someone outside the co-owners. If there are multiple pre-emptors, each one's right to pre-emption is proportional to their share in the common property. The right of pre-emption does not apply in certain situations, such as:

  1. If the sale occurs at a public auction through the court.
  2. If the sale occurs between relatives or spouses.
  3. If the pre-emptor explicitly or implicitly indicates their unwillingness to purchase under the terms of the sale.
  4. If the property sold is intended for worship or is attached to a place of worship.
  5. If one of the pre-emptors has allocated their share in the property for charitable purposes.

A property owner has the right to use the property for residential purposes if it is a house, for agricultural purposes if it is a farm, or to allow others to use it, such as housing workers or family members. They can also rent the property or invest it in any project. The owner has the right to dispose of their property through sale or other means, such as gifting, bequeathing, or endowing. Land ownership includes what lies beneath and above the land to the extent necessary for enjoyment unless a legal provision or act states otherwise.


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Content last updated: 16 Jun, 2025