Legal and Regulatory Genealogy of Land Ownership in Iran

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Faculty of Islamic Sciences and Law of Imam Sadiq University

2 MA in Islamic Sciences and Private Law of Imam Sadiq University

Abstract

The subject of ownership of land has long been one of the most complex social issues in Iran. With the genealogy and the analysis of the history of land status in Iran, the evolution of ownership and its consolidation methods, in other words, the legal system governing it in Iran, can be traced. Apparently, it should be distinguished between arable lands on the one hand and forests and pastures on the other hand. It seems that constructivism and agenda can be regarded as a turning point in the consolidation of land ownership. However, in accordance with Article 15 of the Amendment to the Constitutional Law, fundamental reforms were introduced in the tax system of the states, and the privileges of the princes and the method of secularization were re-issued, and then, in the Pahlavi period, the land reform was created by requiring the registration of immovable property, therefore, land terms changed in Iran after centuries. After the revolution, the credibility of land allocations was also confirmed through land reform. In the case of forests and pastures, it should be noted that, before the revolution, according to Qajar period privilege agreements, legislators considered forests as state owned properties but after the revolution, taking into account the rangelands as common commons, in various laws, including the principles of the Constitution and the Bill on the Transfer and Restoration of Land in the Islamic State of Iran, as well as its rules, were determined and assigned.

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