In Iraq, ownership of registered real estate transfers when the transfer is recorded at the Real Estate Registration Directorate, which operates under the Ministry of Justice. A signed sale agreement between buyer and seller, however carefully drafted, does not by itself make the buyer the owner. Registration does.
This single point causes more property disputes in Iraq than anything else. People pay in full, take the keys, hold a signed paper, and discover years later that the register still records someone else as owner.
The register is the source of truth
Registered property in Iraq is recorded in the real estate register, and the title record — commonly referred to as the tapu — is the authoritative statement of who owns the property and what burdens sit on it.
Before any money moves, that record should be checked directly at the competent registration office for the area where the property is located. The check should confirm the identity of the registered owner, the exact description and boundaries of the property, and whether any mortgage, seizure, lien, court order, or other restriction is recorded against it.
A property can look entirely clean from the outside and still carry a registered encumbrance. The register is where that shows up.
Verify who is entitled to sell
Confirm that the person signing is the registered owner, or is properly authorised to act for the registered owner.
Where a representative signs, the power of attorney must be valid, must actually cover the sale of that property, and must not have been revoked. Where the property is inherited, the entitlement of each heir needs to be established and every heir with a share has to participate in the transfer. Where the owner is a company, the person signing must hold authority under the company's own documents.
Missing heirs and stale powers of attorney are two of the most common reasons a transaction collapses at the registration office — or, worse, is challenged after it completes.
Clear the taxes and municipal position
A transfer will not proceed while there are outstanding liabilities registered against the property. In practice the file passes through verification that property taxes and municipal charges have been settled, and the relevant department confirms there is no unpaid tax standing in the way.
Registration fees and transfer taxes also become payable in connection with the transfer. Agree in the contract who bears each of these costs, because leaving it unstated is a routine source of argument at the counter when the amounts are finally quoted.
Attend the registration office and complete the transfer
The transfer itself is completed before the competent registration office. Both parties, or their duly authorised representatives, attend; identities and documents are examined; the consideration and the terms are recorded; and the transfer is entered in the register.
When the entry is made and the title record is updated to name the buyer, ownership has moved. That is the moment that matters. Until then, whatever has been signed or paid, the buyer is a creditor with a contractual claim rather than an owner.
Structure the payment around this reality. Releasing the full price before registration, on the strength of a promise to attend later, is the mistake that generates most of the litigation in this area.
Watch for property that is not straightforward
Several categories deserve particular care. Agricultural land can carry use restrictions and its own tenure arrangements. Property held under state or leasehold arrangements may not be freely transferable. Buildings constructed without permission, or extensions that were never licensed, can create problems at registration and later with the municipality. Property affected by claims, disputes, or unresolved inheritance should be treated as unsafe until the position is resolved on the register itself.
Foreign buyers should also take advice before committing, because the ability of non-Iraqis to own real estate is restricted and the position depends on the buyer's status and the type of property.
Common questions
Is a sale contract signed before a lawyer enough to transfer ownership? No. It creates obligations between the parties, but ownership of registered property moves on registration.
What if the seller refuses to attend the registration office after being paid? The buyer's remedy is a claim to compel performance, which means litigation — slower, costlier, and less certain than simply not paying in full before registration.
Can I buy using a power of attorney from the owner instead of registering? Relying on a power of attorney rather than registering leaves the property in the seller's name and exposes the buyer to revocation, death of the grantor, and claims by the seller's creditors and heirs. It is not ownership.
How do I know the property has no seizure on it? By checking the record at the competent registration office. Assurances from the seller are not a substitute.
Practical takeaway
Check the register first, verify the seller's entitlement and authority, settle who pays which fees in writing, and tie your payment to registration rather than to signature. If the transaction involves inheritance, agricultural land, unlicensed construction, or a foreign buyer, get advice before you commit rather than afterwards.
Talk to us
We carry out title checks, verify seller entitlement and powers of attorney, draft sale contracts that protect the buyer's payment, represent clients through registration at the competent directorate, and litigate property disputes when a transaction has gone wrong.
If you are buying or selling property in Iraq, contact our office before you pay, or read more about our real estate law practice.