The Legitimacy of Appeals in Final Real Estate Numbering and Their Reasons in Algerian Legislation

Abstract

Since independence, the Algerian legislator has been concerned with purifying and stabilizing real estate ownership, which is manifested through the establishment of a public land survey system. To this end, the state has implemented several regulatory measures and mobilized all material and human resources to generalize this system across the entire nation. The implementation of the real estate survey ultimately aims to deliver to each property owner in the country their real estate book, which serves as the official document to prove ownership. This achieves the protection and stability of real estate ownership. However, this stability remains relative because property owners in Algeria, under the system of in rem rights, remain at risk of losing their ownership since the legislator has granted the right to appeal final numbering and real estate registers. Undoubtedly, this situation has posed several challenges and is supported by a multitude of reasons, whether appearing at the beginning of the process, during the survey operations, or after the submission of documents and numbering process at the level of the property registry. Therefore, it is imperative to find deterrent solutions to reduce this problem, which threatens the stability of real estate ownership on one hand and burdens the judiciary with disputes that could be avoided. This can only be achieved by reconsidering many points, amending some procedures, reviewing some committees involved in the process, and eliminating the inconsistencies and disparities between texts and provisions so that we can have a robust survey and real estate registration system that achieves the goals and purposes set by the legislator in a manner that allows for the protection and stability of ownership.