Agricultural lands in Iraq are not just a source of livelihood, they’ve become an attractive investment opportunity for those seeking long-term returns in the agricultural and real-estate sectors.
However, before purchasing any plot, it’s crucial to understand the type of legal contract attached to the land, as it determines whether you own the property outright or are leasing it from the state, and whether you are legally allowed to build on it or not.
Misunderstanding these contract types often leads to serious legal and financial consequences, including demolition of structures or loss of ownership rights.
Below, we explain the four main types of agricultural land contracts in Iraq and the recent updates by the Iraqi Ministry of Agriculture.
1️) Contract 117 – Land for Reclamation (25-Year Lease)
Contract 117 is one of the oldest and most common agricultural land contracts in Iraq.
It refers to land granted by the state for reclamation and farming only, meaning that the individual does not own the land but leases it for 25 years, renewable upon review.
Key features:
- The land is owned by the state.
- Lease period: 25 years, renewable.
- Annual rent or crop-share payment.
- No residential construction is allowed.
- Sale of the land automatically converts it to Contract 35.
- Any unapproved construction results in demolition and penalties.
Summary: Contract 117 gives use rights for farming, not ownership.
2️) Contract 35 – Open-Term Agricultural Lease
Contract 35 provides a more flexible leasing arrangement.
It is an annual agricultural lease with no fixed renewal period, where the tenant pays a yearly rent to the government or the Agricultural Land Reclamation Authority.
Key features:
- Open-ended duration (renewed yearly).
- Right to cultivate but not to own.
- No right to sell or build.
- Illegal construction leads to removal.
Summary: Contract 35 offers continuous use rights but no ownership.
3️) Title Deed 25 (Tabu) – Full Legal Ownership
Title Deed 25, commonly known as the Tabu agricultural deed, is the strongest and safest form of land ownership in Iraq.
Under this contract, the land is fully owned by the holder and registered officially in the Real Estate Registration Directorate.
Key features:
- Full ownership (absolute title).
- Right to sell, build, lease, or mortgage.
- One residential unit allowed for every 5 donums of land.
- Legally recognized by the Ministry of Agriculture and Land Registry.
Summary: Title 25 is the official and secure ownership document.
4️) Unofficial or Encroached Lands – Illegal and Risky
Some individuals illegally clear or sell state-owned agricultural lands without authorization.
These plots often lack official documentation and fall within urban planning boundaries, making them subject to demolition by municipal authorities.
Warning: Purchasing such land is illegal and exposes buyers to financial and legal risk.
Ministry of Agriculture Decisions (No. 320 & No. 20)
The Iraqi Ministry of Agriculture recently clarified the implementation of Decisions 320 (2022) and 20, concerning the ownership of agricultural and encroached lands.
The ministry stated that these decisions define which lands qualify for ownership transfer — especially those within city planning zones.
However, the implementation faced administrative delays due to outdated regulations (Instruction No. 9 of 1988) conflicting with the 2007 law.
The Ministry has now requested clarification from the Council of State and confirmed that Title Deed 25 remains the only valid proof of ownership in Iraq.
Final Note
Before purchasing any agricultural land in Iraq:
- Verify the contract type and official title deed.
- Ensure the land lies outside the city’s master plan.
- Avoid informal or verbal agreements.
- Consult a real-estate lawyer specialized in agricultural property.
Understanding these legal distinctions will protect your investment, and ensure your project grows on solid ground.