5- To what extent is the Committee for the Real Estate Registration shall be entitled to obligate the applicants to fix a poster or a notice board at the place/s of the real estate the subject of the registration application?

Finding:

It is not lawful for the committee of the Real Estate Registration to make a condition that implies the fixation of a poster or a notice board at the place/s whose applications for registration are yet under consideration.

Reasoning:

It is clear from the statements in sections (19) of the law No., (14) 1964 for the regularization of the Registration of the Real Estate (17, 18, 19, 20, 21) of the Deputy Governor No., (12) in the Bylaw No., (14) 1964, and both sections (12, 20) of the law No., (10) 1987, that caters for the State Properties (general and special), and Article (3) of the Resolution of the Council of Ministers No., (18) 2002 for the organization of the Real Estate Registration Committee that, the legislator has authorized the Real Estate Committee to practice and exercise its  specialization and functions that are provided in Chapter Three of the Bylaw of the Law of the Real Estate Registration No., (14) 1964 the aforementioned one. In this law the registration proceedings are determined to start with the application for opening the page attached with the documents and what is to be explained by virtue of the law which is provided in Article (19) of the aforementioned law. In this Article there is nothing that have been stated unequivocally or implicitly for the  requirement of fixing a poster or a notice board to reveal the intentions of the applicant about the registration of the real estate in the manner which has been suggested by the committee for the forwarded applications to it.

Therefore, and so long as the legislator has not authorized the Committee of the Real Estate Registration to obligate the Applicants for the registration of their real estates to go through the committee’s suggested procedure to make posters or notices at the place of the real estate, then, the committee for the Real Estate Registration is not permitted to make such conditions, especially where there is a legislation to the contrary. The only way to put that suggestion into action is by way of presenting the suggestion to be formulated in an amendment of this law that governs this case situation later on, in the manner that shall be considered in the public good and is according and in consonance with the lawful procedure.