Judicial principles and studies
Sale Contract: Deficiency or Excess in the Sold Property, Limitation Periods, and Survey Evidence
A concise summary of the rules governing excess or deficiency in a sale, when limitation periods start, recovery of fees for missing area, and the appellate court's role in determining actual land area.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses the application of sale-contract rules regarding excess or deficiency in the sold land, limitation periods under Article 493, the relation to unjust enrichment under Article 293, the starting point for limitation tied to registration, and the appellate court’s authority to obtain official land measurements under Article 185.
Summary
- Claims under Article 493 for rescission, price reduction, or completion based on excess or deficiency are barred if one year has passed since delivery of the sold item. - Article 293 applies only in cases of unjust enrichment and does not replace sale-contract rules on excess or deficiency. - The commencement of the limitation period in Article 493 is the date the land parcel is registered in the buyer’s name at the land registry, which constitutes a legal transfer per Article 497. - Recovery of fees for missing area relies on Article 451 concerning payments made without right; such claims are subject to a five-year bar if five years elapse without a lawful excuse, and Article 311 does not apply. - The appellate court may use its powers under Article 185 to request official annotations from the lands and survey department on the actual area after deducting road space; those annotations are decisive for determining actual area rather than a technical expert report. - The appellate court must then determine the legal effects of any proven deficiency and calculate fees to be refunded compared to earlier findings. - The scope of the dispute is defined by the agency (power of attorney) under which the claim is brought, since the plaintiff frames the subject of the suit. - If the Court of Cassation remands a case because the agency did not include authority to claim amounts for excess area or compensation, the appellate court should set aside the lower judgment and dismiss those claims for lack of authority, as this concerns public order. This content is an educational summary and is not judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.