Abstract

This article examines the historical development and contemporary challenges of land and property rights in Iraq. It considers successive systems of landholding and administration, agrarian reform, state intervention, conflict and displacement, and the resulting challenges to tenure security and property-claims resolution. It analyses the principal components of the Iraqi legal framework, including constitutional guarantees, civil legislation, real estate registration and selected laws governing agricultural land and state property. Particular attention is given to gender equality in access to land and property remedies and to the tenure problems experienced by Yezidi communities in Sinjar and the Nineveh Plains, including the implications of the 2025 measures concerning specified residential plots. The article also examines the need to clarify overlapping categories of land rights, modernise registration through digitisation and improve the reliability and interoperability of land records. It argues that fragmented administration, incomplete documentation and uncertainty over ownership, tasarruf, agricultural contracts and other tenure interests continue to undermine secure and equitable land governance. It concludes that Iraq requires a coordinated, rights-based national strategy linking legislative reform, reliable land information, accessible remedies, sustainable land use and accountable institutions.

Keywords: Iraq; land governance; property rights; land tenure; real estate registration; displacement; restitution.

Introduction

Land is one of the most important assets in societies around the world. It can form an integral part of cultural and social identity, provide a basis for economic growth and investment, and play a central role in the conservation of natural resources and the development of inclusive, resilient and sustainable communities. Every society has rules governing property rights, whether those rules are formally established by legislation or arise from customary practices. These rules evolve over time. Land tenure refers to the relationships—legal, customary or otherwise—through which individuals and groups hold, use, manage or transfer land and land-based resources, including water, pasture, trees and minerals. Secure tenure can support investment, economic development and social stability. Conversely, insecure land rights may contribute to disputes, displacement, exclusion and instability, particularly for women, minority communities and economically vulnerable groups.

Iraq is characterised by considerable ethnic, religious, linguistic and cultural diversity, as well as varied geographical features. Its landscape includes the mountainous areas of the north and north-east, the Hamrin range, the alluvial plains between the Tigris and Euphrates rivers, the western and south-western deserts, and the southern marshlands, including the Hawizeh and Hammar marshes. The country also contains major artificial lakes, such as Tharthar and Razzaza, and natural lakes, including Lake Sawa. These geographical and environmental differences have shaped patterns of settlement, land use, agriculture, and resource management.

Iraq has experienced profound political and institutional changes. These changes have affected the legal framework governing land and property, the distribution and registration of land rights, and the ability of individuals to obtain effective remedies. The long history of settlement in Mesopotamia has produced successive systems of landholding and administration. Elements of earlier systems continue to influence contemporary practice, contributing to legal complexity and, in some circumstances, overlapping or competing claims. Legislation enacted under different political regimes has also reflected the policies and priorities of its time and may not always provide an adequate response to present-day social, economic and environmental challenges. This historical legacy nevertheless offers a body of legal concepts, institutions and administrative experience that can inform efforts to strengthen land governance and support Iraq’s recovery and development.

Iraq therefore requires a comprehensive national strategy for land governance and sustainable land-use planning, supported by effective implementation at both national and local levels. Such a strategy should address fragmentation in land administration, strengthen property rights and tenure security, and provide effective mechanisms for resolving historical disputes and addressing claims arising from displacement. It should also integrate urban planning, agricultural investment, environmental protection, climate-change adaptation and the reduction of regional disparities. Particular attention should be given to updating urban master plans, strengthening local authorities and improving coordination among government institutions, civil society organisations and

.international development partners

1. Historical and institutional challenges affecting land rights

1.1. Historical development of landholding and administration

The development of land rights in Iraq has been shaped by successive political and administrative systems. The Code of Hammurabi is an important historical source for the study of property and land-related relations in ancient Mesopotamia, although it should not be treated as the direct legal foundation of the contemporary Iraqi land-tenure system.

Ottoman rule introduced and developed land classifications and registration practices, including the tapu system. Ottoman control over Iraq was interrupted, including by periods of Mamluk autonomy in Baghdad, before Ottoman authority was re-established in the nineteenth century. The British occupation and mandate period followed during the early twentieth century, with the mandate formally ending in 1932. Landholding arrangements during these periods were influenced by political authority, taxation, agricultural production and the relationship between the state, landholders and cultivators.

The Real Estate Registration Law No. 43 of 1971 established the principal statutory framework for modern real estate registration in Iraq. The contemporary system must be understood by reference to this Law and its amendments, together with the Civil Code and other applicable legislation. [6]

1.2. Agrarian reform and the Ba’athist period

Land policy was significantly affected by agrarian reform measures and state intervention during the twentieth century. The Ba’ath Party held power briefly in 1963 and returned to power in 1968, remaining in government until 2003. The period from 1968 to 2003 was therefore a defining era for state land policy and administration.

Agrarian Reform Law No. 117 of 1970 imposed limits on certain categories of agricultural landholding, provided for the acquisition of land exceeding prescribed limits, and regulated the distribution of agrarian-reform land. The limits varied according to land type, fertility, rainfall and irrigation conditions. [7]

During the Iran–Iraq War and the years that followed, state measures affected the property rights and tenure security of groups and individuals perceived by the authorities to have links with Iran, as well as Kurdish communities in areas subject to state campaigns and displacement. Such measures included deportation, confiscation, and restrictions on the exercise of property rights. These practices contributed to long-standing property claims and disputes.

1.3. Property claims and restitution mechanisms after 2003

The deterioration of public institutions and the disruption of administrative systems during periods of conflict contributed to the proliferation of disputed, incomplete, or fraudulent property documentation. These problems have undermined confidence in land records and complicated the resolution of competing claims. [1]

After 2003, Iraq established mechanisms to address property claims arising from earlier expropriations and displacement. The Iraq Property Claims Commission was established under Coalition Provisional Authority Regulation No. 12 of 2004. It was replaced by the Commission for the Resolution of Real Property Disputes under Statute No. 2 of 2006. The 2006 framework was subsequently replaced by the Iraq Property Claims Commission Law No. 13 of 2010. [2, 8]

These mechanisms were intended to address claims involving property affected by the former regime’s policies, including claims connected with Arabisation and other forms of forced displacement. Their effectiveness has been affected by the volume and complexity of claims, evidentiary difficulties, institutional capacity, delays and challenges in implementing decisions. A durable restitution process requires accessible procedures, reliable evidence, institutional coordination and effective enforcement.

1.4. Conflict, displacement and tenure insecurity

Iraq experienced repeated armed conflicts between 1980 and 2003, including the Iran–Iraq War, the 1991 Gulf War and the 2003 invasion. Subsequent internal conflict, sectarian violence and the campaign against ISIS caused extensive displacement, particularly between 2014 and 2017. These events damaged infrastructure and the environment, contributed to the contamination of land by mines and explosive remnants of war, disrupted agricultural activity and generated competing claims to residential and agricultural property.

By 2016, more than three million people had been internally displaced in Iraq since January 2014. [5] The displacement crisis placed significant pressure on host communities and public services and created complex housing, land and property issues for people seeking to return to their areas of origin.

Tenure insecurity in areas affected by conflict may arise from secondary occupation, destruction or loss of title documents, informal transfers, disputed inheritance, demographic change and weaknesses in local administration and law enforcement. In some locations, individuals have relied on family networks or armed actors to assert claims. Such circumstances can cause individual property disputes to overlap with wider communal or political tensions. Effective responses require accessible administrative and judicial remedies, reliable land records, protection against unlawful occupation and appropriate procedures for restitution, compensation or other forms of reparation. [1, 3]

1.5. Gender and access to property remedies

Women may face particular barriers when seeking to recover or register property following displacement, especially where the property was registered in the name of a deceased or missing male relative. Difficulties may arise from missing civil-status records, incomplete inheritance documentation, the destruction of title documents or obstacles in establishing family relationships. These barriers should be considered in the context of Iraqi inheritance, personal-status, civil-registration and property law.

A USAID land-tenure profile for Iraq has been cited as reporting an estimate under which women account for 26.2 per cent of land ownership and men for 73.8 per cent. [1] The underlying dataset, reference year, geographical coverage and definition of ownership should be verified before this estimate is treated as a current national statistic. It is retained here as an indication reported in the cited profile, while also highlighting the need for reliable, regularly updated and sex-disaggregated data on ownership, registration, inheritance and access to property remedies.

The issue also requires a more developed constitutional and legislative analysis. Article 14 of the Constitution of the Republic of Iraq (2005) guarantees equality before the law and expressly prohibits discrimination on the ground of sex, while Article 16 guarantees equal opportunities and requires the State to take the measures necessary to secure them. Article 23 protects private property and regulates its lawful enjoyment and disposition. Read together, these provisions provide a constitutional basis for examining whether women enjoy effective and equal access to the legal mechanisms through which land and property are acquired, inherited, registered, transferred, recovered and protected.

Accordingly, the legislative authority should undertake a comprehensive review of legislation governing personal status, inheritance, civil registration, real estate registration, agricultural land and state property in order to identify provisions or procedures that may produce discriminatory effects or create unjustified practical barriers for women. The review should be evidence-based and should distinguish between the applicable rules of substantive law and the administrative obstacles that may prevent women from exercising rights recognised by law. The executive authorities and the relevant regulatory and oversight institutions should, in turn, monitor implementation, improve access to documentation, publish reliable sex-disaggregated statistics, and ensure that registration and claims procedures are transparent and accessible. Parliamentary oversight should assess whether public institutions are taking effective measures to translate the constitutional guarantees of equality and equal opportunity into practice.

This approach does not require the assumption that every difference in legal treatment is necessarily unconstitutional; rather, it calls for a careful assessment of the relevant legal provisions, their constitutional justification and their actual impact on women’s ability to exercise property rights. Such an assessment is particularly important where displacement, death or absence of a family member, or gaps in civil-status documentation, may leave women unable to prove inheritance or pursue restitution and compensation claims.

1.6. Land tenure in Sinjar and the Nineveh Plains: the case of Yezidi communities

In parts of Sinjar and the wider Nineveh Plains inhabited by Yezidi communities, land tenure has a complex history involving state ownership, miri classification, agricultural allocation, customary or legally recognised use, and private rights. A UN-Habitat field study of Sinjar documented that some collective townships were established on state-owned miri land, including land cultivated by villagers holding tasarruf rights, while other parcels were subject to agricultural lease arrangements. The report explains that tasarruf is a distinct right to use, exploit and dispose of miri land and must not be confused with full private ownership. It also identified shortcomings in cadastral records and the absence, at sub-district level, of parcel-specific title records for some collective townships. [15] Accordingly, the legal position of each parcel must be determined individually by examining its classification, historical records, registration entries, lawful allocation, tasarruf or lease rights, inheritance and applicable legislation. [15]

These pre-existing tenure problems were compounded by the conflict and the occupation of Sinjar by the terrorist organisation ISIS in 2014, which caused mass displacement, destruction and seizure of property. UN-Habitat reported that the absence or loss of title documents and other official records made it difficult for displaced Yazidis to prove ownership or occupancy rights and impeded their return. It also documented the risk of competing claims arising from historical displacement, state land arrangements, informal transactions and secondary occupation. [15, 16] The United Nations subsequently identified the inability to prove ownership or occupancy through official documents as a major obstacle to the return of Yazidis even after the liberation of Sinjar. [16] These conditions contributed to legal disputes and wider social problems, including insecurity of tenure, obstacles to reconstruction and difficulties in restoring livelihoods dependent on agriculture.

This situation demonstrates the need for a comprehensive review by the competent Iraqi authorities of land classification, cadastral records and the legal status of land throughout Iraq, with particular attention to conflict-affected areas such as the Nineveh Plains. The United Nations has documented practical steps taken in Sinjar, including the registration of more than 14,500 claims and the issuance of occupancy certificates, followed by government measures intended to facilitate the conversion of qualifying occupancy rights into formal ownership titles. [17, 18] In March 2025, the Council of Ministers approved Decision No. 227 of 2025, which approved a 100 per cent waiver of the purchase price for specified residential plots in Yezidi collective towns in Sinjar and al-Ba’aj, under the terms reported by UN-Habitat; the precise conditions governing disposal should be checked against the complete official decision; implementation began in April 2025 with the distribution of 1,338 ownership letters and the issuance of approximately 100 title deeds in Dugrey and Tel Uzair. [18, 29] This was a targeted measure for specified residential plots and beneficiaries, not a comprehensive settlement of all agricultural, miri or other land-tenure questions in the Nineveh Plains. A nationwide review should identify state land, privately owned land, agricultural holdings and other forms of tenure; examine historical records and legally recognised rights of ownership, tasarruf, lease or occupancy; and establish transparent procedures for correcting inaccurate records, regularising lawful rights where legally permissible, and resolving competing claims. The process should be conducted in accordance with constitutional guarantees, applicable legislation, due process and the rights of all affected communities. It should not presume that all miri land is privately owned, or that the absence of a title deed automatically extinguishes an otherwise valid legal interest.

1.7. Environmental pressures and agricultural land use

Iraq’s land-use patterns are shaped by water availability, soil salinity, desertification, erosion, flooding, agricultural infrastructure and climate variability. The Tigris and Euphrates converge in the south to form the Shatt al-Arab, while the northern and north-eastern regions include mountainous and rain-fed agricultural areas. Environmental degradation and inadequate water management have reduced the productivity of some agricultural areas and increased pressure on rural livelihoods. [4]

The conversion of agricultural land and other vegetated areas into residential subdivisions and built-up settlements is also a significant land-use pressure that can contribute to the decline or fragmentation of Iraq’s green cover, particularly around expanding urban centres. The subdivision of productive agricultural land for housing, the removal of orchards and trees, and the extension of roads and infrastructure may reduce vegetated surfaces and weaken the ecological functions of peri-urban areas. This process should be considered alongside other drivers of green-cover change, including water scarcity, drought, salinity, desertification, fires and changes in agricultural practices. It would therefore be inaccurate to attribute changes in the national green-cover ratio to urban conversion alone; rather, reliable assessment requires consistent land-use data that distinguishes forests, orchards, agricultural land, natural vegetation and urban green spaces.

Forest and woodland coverage in Iraq is limited. World Bank data based on FAO statistics report forest area at approximately 1.6 per cent of the country’s land area in 2023. [9] Forest area should be distinguished from broader measures of woodland and tree cover.

Iraq’s total land area is approximately 434,100 square kilometres. [10, 11] Agricultural potential is constrained by aridity, water scarcity, salinity and degradation of agricultural infrastructure. An FAO agricultural value-chain study published in 2021 estimated that approximately 9.5 million hectares, or 22 per cent of Iraq’s area, were suitable for agricultural production, while about five million hectares were then cultivated. [12]

1.8. Water resources and transboundary cooperation

Water scarcity is a major constraint on Iraq’s agricultural and urban development. The Tigris and Euphrates are transboundary river systems, and a substantial proportion of Iraq’s water resources originates outside its borders. Iraq and Türkiye signed a Framework Agreement for Cooperation in the Field of Water on 22 April 2024, followed by an implementation mechanism in November 2025. [13, 14] These bilateral instruments provide a framework for cooperation but do not constitute a comprehensive basin-wide allocation agreement involving all riparian states.

1.9. The economic and governance context

Oil remains the dominant sector of Iraq’s economy and public finances, while agriculture remains important for employment, food security and rural livelihoods. The contribution of oil to gross domestic product, exports and government revenue varies over time and should be assessed against the relevant annual economic data.

Land administration is also affected by informal urban expansion, encroachment on agricultural land, changes in land use without adequate planning and weaknesses in infrastructure provision. These developments can undermine agricultural investment, environmental protection and the orderly expansion of cities. Effective land governance requires transparent planning procedures, coordinated institutional responsibilities and consistent enforcement of the law.

2. Legal framework governing land and property in Iraq

Clarifying the legal nature of land rights and tenure arrangements

A persistent source of legal uncertainty in Iraq is the coexistence of different legal forms of rights in land, which are not always clearly distinguished in legislation, administrative practice or public understanding. These include registered private ownership, state-owned miri land, rights of tasarruf, agricultural lease contracts, other contractual or administrative allocations, and land held or occupied by individuals on the basis of customary arrangements, inheritance, long-standing use or other claims that may not be fully reflected in the real estate register. These categories are not legally interchangeable. In particular, possession or cultivation does not automatically establish registered ownership, while the absence of a formal title deed does not necessarily resolve whether a person holds another legally cognisable right.

The legal position may be further complicated by differences between the terms and conditions of agricultural contracts, the legal status of the underlying land, restrictions on transfer or subdivision, and the rights available to tenants, beneficiaries, heirs or long-term occupiers. Where legislation or administrative procedures leave uncertainty as to the nature, duration, transferability and evidentiary effect of these interests, disputes may arise between individuals, agricultural contract holders, state authorities and third parties. Such uncertainty can also obstruct investment, inheritance, registration, compensation and the resolution of claims in areas affected by displacement.

Legislative reform should therefore do more than digitise existing records. It should establish clear and consistent definitions of each category of land and each legally recognised interest; specify the rights and obligations attached to agricultural contracts and other forms of state land allocation; clarify the legal position of individuals who hold or use land without registered title; and prescribe transparent procedures for verification, registration, renewal, transfer, inheritance, conversion where legally permissible, and resolution of competing claims. The reform should also identify which authority is responsible for each decision and provide effective review and appeal mechanisms. Any regularisation programme must be based on the applicable law and verified evidence, and must protect legitimate state interests as well as the rights of individuals and communities.

The Iraqi legal framework governing land and property is based on constitutional provisions, the Civil Code, legislation on real estate registration, agrarian reform, leases and expropriation, as well as special laws and regulations dealing with state land, endowment property and particular categories of agricultural land. The rules applicable to a particular transaction or dispute depend on the nature and classification of the land, the registered right, the competent authority and the relevant territorial jurisdiction. The instruments identified below are core or illustrative federal instruments, not an exhaustive statement of all applicable law. Special enactments, Council of Ministers decisions and administrative instructions must be checked against their official texts, amendments and current status before being applied to a particular parcel or transaction. The legal position in the Kurdistan Region may also require separate examination.

1. Real Estate Registration Law No. 43 of 1971. The statutory framework governing real estate registration and the recording of rights and transactions.
   1. The Constitution of the Republic of Iraq (2005). Constitutional provisions concerning property, private ownership, public resources, federal powers and regional competences.
2. Agrarian Reform Law No. 117 of 1970. Legislation regulating specified aspects of agricultural landholding, acquisition and distribution.
3. Civil Code No. 40 of 1951. The general civil-law framework governing property rights, obligations and contracts.
4. Real Estate Lease Law No. 87 of 1979, as amended. This Law principally regulates specified leases of built properties; agricultural land contracts and state-land arrangements must be examined under their own applicable legislation and contractual terms.
5. Law No. 49 of 2015. The Law on Confirming Ownership of Agricultural Lands and Orchards Excluded from Settlement Operations.

3. Urban planning, land management and development challenges

Iraq faces significant challenges in managing urban expansion and balancing the conversion of agricultural land with the need for housing, infrastructure and public services. In many locations, informal construction and unplanned changes in land use have placed pressure on agricultural areas and the environment. These problems are aggravated where master plans are outdated, infrastructure investment is inadequate or enforcement is inconsistent.

3.1. Conversion of agricultural land to residential use and the legal status of emerging settlements

Population growth, migration from rural areas to cities and the rising demand for affordable housing have contributed to the conversion of agricultural land into residential neighbourhoods in and around a number of Iraqi cities. In some cases, owners or holders of agricultural rights have subdivided land into smaller plots and sold or allocated them for housing before the land-use classification, subdivision plans and registration requirements were lawfully completed. In other cases, residential areas have developed over time through informal construction and successive transfers, creating a settled physical reality that is not fully reflected in cadastral and real estate records. The resulting problem is not simply one of unauthorised construction: it concerns the relationship between the registered land classification, the planning status of the area, the legal nature of the underlying title or disposal right, and the rights claimed by purchasers, occupiers and other third parties.

Iraqi law distinguishes the physical correction of an immovable property’s classification (tasheeh jins) from the planning and administrative approval required to convert agricultural land into a residential area. Articles 279–281 of the Real Estate Registration Law No. 43 of 1971 address correction of an immovable property’s classification where physical changes affect its use or exploitation, subject to statutory requirements. Such correction should not be treated as an automatic substitute for planning approval, lawful subdivision, release of agricultural restrictions or the necessary transfer and registration procedures. The existence of houses on agricultural land does not, by itself, establish that the land has lawfully become residential or that every purchaser has acquired a registrable ownership right. [6, 25]

Council of Ministers’ Decision No. 320 of 2022, as subsequently modified and implemented through later decisions and administrative controls, has been used as part of the administrative framework for addressing specified cases of residential encroachment and the regularisation or transfer of eligible agricultural and state land, subject to conditions and procedures. Public statements by the Ministry of Agriculture describe implementation as involving land inventory, planning and surveying, the termination or lifting of relevant agrarian-reform rights where applicable, review by competent committees and referral to the real estate registration authorities. The Ministry has also referred to other legal routes for changing land classification, including Decision No. 581 of 1981 and applicable municipal and industrial legislation. These routes are not interchangeable; their applicability depends on the ownership, classification, location and legal status of the land. [26, 27, 28]

A major policy difficulty arises where an area has become substantially built-up and divided into residential units, but purchasers or occupants cannot obtain individual title deeds because the underlying land remains registered as agricultural, remains subject to state ownership or disposal rights, or has not undergone the required planning and registration procedures. Leaving such areas in prolonged legal uncertainty may generate future disputes over the identity of the owner, the validity of sale contracts, inheritance, compensation, public services, infrastructure and the rights of bona fide purchasers. At the same time, blanket regularisation without scrutiny could reward unlawful subdivision, undermine agricultural protection, prejudice public land and infrastructure reservations, and create incentives for further encroachment.

A strategic response should therefore combine a time-bound national inventory with a transparent classification and regularisation framework. Each area should be assessed against its registered ownership and disposal rights, the date and circumstances of subdivision and construction, the applicable master plan, environmental and agricultural value, infrastructure capacity, public-service requirements and third-party rights. Particular attention should be paid to the cumulative loss of agricultural land, orchards, trees and other vegetated areas, since the conversion of such land into built-up settlements may contribute to the decline and fragmentation of the country’s green cover. Where conversion is legally and technically permissible, the competent authorities should approve an integrated detailed plan, determine the legal and financial obligations of the landowner and beneficiaries, complete the required subdivision and registration procedures, and issue individual title deeds only after the statutory conditions have been satisfied. Where conversion is not permissible, the law should provide clear and fair consequences and remedies, rather than leaving residents indefinitely without a defined legal status. Any reform should distinguish pre-existing settlements from new violations after a specified cut-off date and should protect high-value agricultural land, orchards, public facilities, roads, utilities and environmentally sensitive areas.

A further structural challenge concerns the operation of the real estate registration system. The Ministry of Justice has reported the introduction of electronic services and digitisation measures, including electronic documents, barcode-based verification, electronic management of restrictions and the scanning and storage of records. [21] These developments demonstrate that the transition is under way; however, they do not by themselves establish that all historical registers, cadastral maps and property records have been fully digitised, integrated and made interoperable nationwide. UN-Habitat and the Ministry of Justice launched the Modernising Urban Land Knowledge (MULK) programme in March 2024 to support the transition towards more modern and integrated land administration, including institutional and technical reform. [19]

The continued coexistence of historical paper records and emerging digital services creates risks where records are incomplete, fragmented, difficult to retrieve or not interoperable between registration offices and other public institutions. These weaknesses may delay title verification, complicate the reconstruction of lost or damaged records, increase the scope for fraud or conflicting entries, and make it harder for displaced persons and other claimants to establish their rights. Digitisation must therefore be accompanied by data verification, cadastral reconciliation, legal safeguards for electronic records, cybersecurity, audit trails and procedures for resolving discrepancies between historical paper records and digitised entries. [20, 21]

Urban planning should be integrated with land administration and environmental policy. This requires reliable cadastral and land-use information, transparent procedures for changing land classification, coordination between federal and local authorities, and effective enforcement against unlawful encroachment. It also requires adequate funding for infrastructure in planned expansion areas so that the need for housing does not result in uncontrolled development.

The updating of urban master plans and the development of municipal planning capacity are essential to accommodate population growth, improve service delivery and protect agricultural and environmentally sensitive areas. Such measures should be supported by technical assistance, reliable data and sustained investment.

4. Recommendations

1. Develop a comprehensive national strategy for land governance and sustainable land-use planning, with measurable objectives, clear institutional responsibilities and implementation mechanisms at federal, regional and local levels.

2. Review and harmonise legislation governing land classification, registration, agricultural land, state property, expropriation, restitution and compensation. The review should identify obsolete provisions, conflicting rules and gaps in implementation. In parallel, the competent authorities should undertake a nationwide inventory and legal review of land, including miri land and other forms of state land, with priority attention to conflict-affected areas such as the Nineveh Plains and to established residential areas developed on land still classified as agricultural. The process should verify cadastral and historical records, identify legally recognised rights of ownership, possession, use or disposal, and provide fair and transparent mechanisms to correct records and resolve claims in accordance with law.

3. Strengthen the Real Estate Registration Departments and related institutions through digitisation of land records, improved cadastral information, transparent procedures and safeguards against fraud, unlawful transfers and duplicate documentation.

4. Improve access to remedies for internally displaced persons and other persons with property claims. Remedies may include restitution, compensation, replacement property or other legally appropriate measures, supported by accessible procedures and effective enforcement.

5. Advance equal and effective access to land and property rights for women and other vulnerable groups. The legislature should review relevant laws and procedures for consistency with Articles 14 and 16 of the Constitution, while executive, regulatory and oversight bodies should monitor their implementation, improve access to civil-status and inheritance documentation, and publish reliable sex-disaggregated data on ownership, registration and property claims. Legal aid and accessible administrative procedures should be made available to enable women to establish inheritance and family relationships and pursue remedies.

6. Update urban master plans and integrate them with infrastructure investment, environmental assessment, agricultural protection and realistic population projections. Local authorities should have the capacity and resources to implement approved plans.

7. Promote sustainable agricultural investment, including small and medium-sized agricultural enterprises and livestock projects, where land suitability, water availability, environmental safeguards and secure tenure can be demonstrated.

8. Integrate water governance, climate-change adaptation, soil protection, anti-desertification measures and modern irrigation into national land-use policy. Transboundary water cooperation should be pursued through bilateral and multilateral legal and institutional channels.

9. Create transparent programmes for livelihood recovery and economic reintegration in areas affected by displacement and conflict. Employment and development initiatives may contribute to stabilisation and should be designed within lawful disarmament, security-sector and reintegration frameworks.

10. Engage civil society organisations, universities, professional associations, international organisations and development partners in policy design, beneficiary outreach, monitoring and independent evaluation.

11. Modernise the real estate registration system through a phased, nationwide programme of digitisation and institutional reform. This should include the secure scanning and indexing of historical registers and cadastral maps; the development of a unified, interoperable national land information system linked to reliable geospatial data; standardised procedures for data verification and correction; clear legal rules governing the evidentiary status, integrity and security of electronic records; and appropriate access controls, audit trails, backup and disaster-recovery arrangements. Digital reform should complement, not replace, the legal examination of underlying rights, and should include procedures for resolving discrepancies between historical paper records and digitised entries.

12. Undertake a comprehensive legislative review to clarify and harmonise the legal categories of land rights and tenure arrangements in Iraq. The review should clearly distinguish private ownership, miri/state land, tasarruf rights, agricultural contracts, leases, administrative allocations and other forms of possession or use by individuals. It should define the legal effect, duration, transferability, inheritance and registration requirements of each category; address the position of persons who occupy or cultivate land without registered title; and establish fair procedures for verification, regularisation where legally permissible, dispute resolution and appeal. The reform should eliminate conflicting provisions and administrative overlap without converting possession into ownership automatically or prejudicing lawful state and third-party rights.

13. Adopt a national framework for the planned conversion and legal regularisation of agricultural land that has already become substantially residential. The framework should establish clear eligibility criteria, cut-off dates, planning and environmental standards, procedures for surveying and subdivision, valuation and payment rules, protection of public facilities and infrastructure corridors, and safeguards for the rights of registered owners, holders of disposal rights and bona fide purchasers. It should require assessment of the cumulative impact of conversion on agricultural land, orchards, trees and the national green cover, supported by reliable land-use mapping and periodic monitoring. It should clarify the respective powers of the Ministries of Agriculture, Justice, Construction and Housing, municipalities and governorates, and ensure that individual title deeds are issued only after lawful conversion, approval and registration. It should also prevent new unlawful subdivisions and preserve high-value agricultural land and environmentally sensitive areas.

Conclusion

Secure and equitable land governance is essential to Iraq’s recovery, economic diversification, environmental sustainability and social stability. The country’s land-related challenges are rooted in a complex history of changing legal regimes, state intervention, conflict, displacement and institutional fragmentation. The experience of Yezidi communities in Sinjar illustrates how historical land policies, uncertain tenure categories, incomplete records and displacement can combine to obstruct the recognition and exercise of property rights. At the same time, the constitutional principle of equality requires attention to women’s effective access to land, inheritance and property remedies. Addressing these challenges requires more than isolated legislative amendments or the digitisation of existing files. It requires a coordinated national framework that clarifies the legal nature of ownership, tasarruf, agricultural contracts, leases and other tenure interests; modernises and integrates the land-registration system; provides fair mechanisms for verifying and resolving claims; and links property rights with urban planning, agricultural development and environmental protection. A strategy based on the rule of law, reliable data, institutional accountability and inclusive participation would help ensure that land and property rights contribute to sustainable development and durable peace.

References

[1] USAID, Land Tenure and Property Rights, “Iraq Country Profile”, https://www.land-links.org/country-profile/iraq/.

[2] International Organization for Migration, Statute of the Commission for the Resolution of Real Property Disputes, Order No. 2 of 2006 (English translation).

[3] ReliefWeb, “Housing, Land and Property Rights Response – Mosul”, https://reliefweb.int/report/iraq/housing-land-and-property-rights-response-mosul.

[4] Republic of Iraq, Sixth National Report to the Convention on Biological Diversity (December 2018), https://www.cbd.int/doc/nr/nr-06/iq-nr-06-en.pdf.

[5] Republic of Iraq, Iraq National Report for Habitat III, https://habitat3.org/wp-content/uploads/Iraq-National-Report.pdf.

[6] Republic of Iraq, Real Estate Registration Law No. 43 of 1971, Official Iraqi Legislation Database, https://iraqld.msla.iq/legislations/showlegislation?lawbookid=8808.

[7] Republic of Iraq, Agrarian Reform Law No. 117 of 1970, Official Iraqi Legislation Database, https://iraqld.msla.iq/legislations/showlegislation?sc=120120017863483.

[8] Republic of Iraq, Commission for the Resolution of Real Property Disputes Statute No. 2 of 2006; Iraq Property Claims Commission Law No. 13 of 2010.

[9] World Bank, “Forest Area (% of Land Area) – Iraq”, FAOSTAT-based indicator, https://data.worldbank.org/indicator/AG.LND.FRST.ZS?locations=IQ.

[10] Republic of Iraq, National Strategy for the Protection and Improvement of the Environment in Iraq (2024–2030), https://faolex.fao.org/docs/pdf/irq232061E.pdf.

[11] United Nations Statistics Division, UNData, Iraq country profile, https://data.un.org/legacy/en/iso/iq.html; World Bank, “Land Area – Iraq”, https://data.worldbank.org/indicator/AG.LND.TOTL.K2?locations=IQ.

[12] FAO, Agricultural Value Chain Study in Iraq: Dates, Grapes, Tomatoes and Wheat (2021), https://knowledge-for-policy.ec.europa.eu/publication/agricultural-value-chain-study-iraq-dates-grapes-tomatoes-wheat_en.

[13] Framework Agreement Concerning Cooperation in the Field of Water between the Government of the Republic of Türkiye and the Government of the Republic of Iraq, signed 22 April 2024, https://faolex.fao.org/docs/pdf/bi-231133.pdf.

[14] Iraqi News Agency, “INA Publishes the Mechanism for Implementing Water Cooperation between Iraq and Turkey” (3 November 2025), https://ina.iq/en/local/43365-ina-publishes-the-mechanism-for-implementing-water-cooperation-between-iraq-and-turkey.html.

[15] UN-Habitat, Emerging Land Tenure Issues among Displaced Yazidis from Sinjar, Iraq: How Chances of Return May Be Further Undermined by a Discrimination Policy Dating Back 40 Years (November 2015), https://unhabitat.org/sites/default/files/documents/2019-04/emerging_land_tenure_issues_among_displaced_yazidis_from_sinjar_iraq.pdf.

[16] United Nations in Iraq / UN-Habitat, “Leave No One Behind: Land Tenure in Post-Conflict Iraq” (16 March 2021), https://iraq.un.org/en/122187-leave-no-one-behind-land-tenure-post-conflict-iraq.

[17] United Nations in Iraq, “Joint Statement by Iraq’s Prime Minister and the UN on the Decision to Grant Yazidis Ownership of Their Lands in Sinjar after 47 Years of Denial” (4 January 2023), https://iraq.un.org/en/214088-joint-statement-iraq%E2%80%99s-prime-minister-and-un-decision-grant-yazidis-ownership-their-lands.

[18] United Nations in Iraq / UN-Habitat, “Recognition of Yazidi Land Ownership in Sinjar: A Historic Achievement Underscoring UN and Iraqi Joint Efforts” (15 April 2025), https://iraq.un.org/en/292797-recognition-yazidi-land-ownership-sinjar-historic-achievement-underscoring-un-and-iraqi.

[19] United Nations in Iraq, “Transitioning to E-Land Governance in Iraq” (24 March 2024), describing the UN-Habitat–Ministry of Justice Modernising Urban Land Knowledge (MULK) programme, https://iraq.un.org/en/264204-transitioning-e-land-governance-iraq.

[20] UN-Habitat, Iraq Country Profile 2025–2029, section on digital transformation and land registration, https://iraq.un.org/sites/default/files/2026-05/Iraq%20Country%20Profile%202025-2029%20EN.pdf.

[21] Ministry of Justice of the Republic of Iraq, “Real Estate Registration: Qualitative Achievements Strengthen Digital Transformation and Launch Services for Citizens” (8 January 2025), https://www.moj.gov.iq/view.8846/.

[22] Republic of Iraq, Civil Code No. 40 of 1951, Iraqi Legislation Database, https://iraqld.msla.iq/legislations/showlegislation?lawbookid=27297.

[23] Republic of Iraq, Law No. 49 of 2015 on Confirming Ownership of Agricultural Lands and Orchards Excluded from Settlement Operations, Official Gazette No. 4393 (4 January 2016).

[24] Republic of Iraq, Real Estate Lease Law No. 87 of 1979, Iraqi Legislation Database, https://iraqld.msla.iq/legislations/showlegislation?asc=231020074252040.

[25] Republic of Iraq, Real Estate Registration Law No. 43 of 1971, Articles 279–281 (correction of the classification of immovable property), Official Iraqi Legislation Database, https://iraqld.msla.iq/legislations/showlegislation?lawbookid=8808.

[26] Supreme Judicial Council of Iraq, “Legal Protection of Agricultural Property against Unauthorised Construction” (14 November 2021), https://www.sjc.iq/view.69026/.

[27] Iraqi News Agency, “Agriculture Ministry: Nine Agricultural Areas in Baghdad Have Been Reclassified as Residential” (12 February 2025), https://ina.iq/ar/local/227902–9-.html.

[28] General Directorate of Municipalities, Ministry of Construction, Housing and Public Municipalities of Iraq, “Meeting on Council of Ministers Decision No. 320 of 2022 and its Implementation in Najaf Governorate” (12 January 2026), https://municipalities.moch.gov.iq/index.php/2026/01/12/zzzzz/. The report identifies subsequent controls under Council of Ministers Decision No. 23107 of 2023.

[29] UN-Habitat Iraq, “Recent Progress in Yazidis’ Land Title Deeds,” presentation to the Recovery Working Group (27 May 2025), https://iraqdurablesolutions.net/Uploads/PublicationFiles/202564_25_UN%20Habitat.pdf. The presentation records the reported scope of Council of Ministers Decision No. 227 of 2025.