الخلاصة:
Since the real estate is deemed as the basis of development in any country, Algeria
undertook to create an integral real estate system which is subject to continuous
updating in order to ensure stability for the owners and holders of properties and
real estate rights in rem. The Algerian legislator endeavored to find out the
appropriate legal means to get rid of the very complicated situation left from the
colonization period.
After the independence, the private property was marginalized and restrictions
were imposed on the transactions favoring the public property, however after the
constitution of 1989 a radical change occurred in the real estate policy adopted for
the regulation of the real estate transactions, and the official contract and land
registry system are now used as tools for real estate regulation in the context of
releasing the real estate transactions.
Furthermore, mechanisms are established for the purpose of achieving this policy,
namely the national agency of lands survey, and the land registry as a tool for real
estate preservation, etc.
However, the fragility of the real estate organization and the modest outcomes of
the land survey operations motivated the legislator to seek faster and more
efficient mechanisms ensuring that deedless owners and holders in non-surveyed
areas will receive ownership deeds providing them with protection and the ability
to dispose legally in their real estate properties, therefore the legislator instituted
the notarial deed by virtue of the decree No. 352-83, he also instituted the
possession certificate as an official deed granting the beneficiaries a means for
future acquisition, as stipulated in article 39 from the real estate orientation law.
However the limited ability of the notarial deed and possession certificate to purge
the private real estate property motivated the legislator to enact law No. 02-07
pertaining with the establishment of a procedure for inspecting the real estate
rights and handing-over property deeds by making a real estate investigation, this
will reduce the deadlines of the general lands survey, however this law cannot be
relied upon unilaterally since it is done as an option only, and it must concur with a
clear policy for its implementation ensuring the completion of the general land
survey operation, as well as the implementation of all mechanisms set for the
concretization of the real estate policy adopted for the regulation of the real
estate transactions.
