https://www.sabtjournal.ir/ Studies on Registration Law en daily 1 Wed, 21 Jan 2026 00:00:00 +0330 Wed, 21 Jan 2026 00:00:00 +0330 https://www.sabtjournal.ir/article_728159.html This study was conducted to analyze the legal challenges arising from the exercise of rescission rights in real estate transactions, particularly in light of Note 1 of Article 1 of the Law on the Requirement to Register Real Estate Transactions. The central question is whether the doctrine of ‘waste in law’ (talaf-e ḥokmi), can provide a coherent solution, consistent with fundamental principles of private law, to resolve the conflict between a rescission right holder's claims and the rights of bona fide third party? This conflict becomes particularly acute when the subject matter of transaction has been officially transferred to a third party after the right of rescission has accrued. In addressing this legal dilemma, the legislator , drawing upon the legal-jurisprudential foundations of ‘waste in law’, has established a dual mechanism whereby, in certain cases, either restitution in kind (recovery of the asset itself) or a claim for its current fair market value may be pursued. However, the interpretation and implementation of this remedy face significant challenges, including conflicts with fundamental principles such as relativity of contracts, legal autonomy of transactions, and legal certainty derived from official registration.The findings of this study reveal that in certain circumstances, the holder of the right of rescission may reclaim the actual property from a third party without having officially and explicitly exercised such right; a situation that conflicts with principles of ownership stability, protection of bona fide third party, and public trust in the official registration system. This study, employing an analytical-descriptive methodology and drawing upon jurisprudential, legal, and comparative foundations, ultimately proposes three remedial mechanisms: First, mandating actual and formal exercise of rescission by the transferee as a prerequisite for recovery; Second, compensating bona fide third parties in cases where the property is restored; and Third, enhancing informational transparency and implementing warning systems in the transaction registration process. These reforms can safeguard the rights of the rescission holder while ensuring a balanced protection of interests and legal security for all other stakeholders. https://www.sabtjournal.ir/article_727275.html Respecting and protecting citizens' property is one of the fundamental rights of individuals and one of the primary duties of the state. Identifying public and government-owned lands, which are considered public wealth, is also among the undisputed duties of state. This dual duty of the state requires it to always adopt a clear, transparent, legal, documented, and contestable approach, so that it neither exceeds its competence in expropriating private-owned land under the pretext of public interest nor allows encroachment on public and government lands. Achieving these goals require adopting an appropriate legislative policy and enacting qualitative laws. However, current laws cannot be considered suitable and precise tools for achieving these objectives. The numerous laws, complexity of procedures, and multiple authorities are among the drawbacks of the existing legal system governing the protection of private property and the preservation of public lands. It was expected that the legislator would provide a mechanism in ‘the Law on the Requirement to Register Real Estate Transactions’ to put an end to the instability of land property, whether private or public. However, this law provides no means to compel the government to transparently and clearly inform citizens of its claims, determinations, and diagnostic opinions, nor to take action to issue title deeds for public and government lands within a specified timeframe. This hesitation by the legislator has resulted in private land property always being at risk of encroachment and acquisition by the government and public institutions. https://www.sabtjournal.ir/article_728126.html The requirement for official registration of real estate transactions is one of the fundamental principles of objective registration systems that have been developed with the aim of stabilization ownership, ensuring legal security, and organizing the real estate market. In Iran, the Real Estate and Documents Registration Law of 1310, despite providing regulations related to the registration of transactions in Articles 46, 47, and 22, faced challenges due to differences in judicial and registration procedures and failed to fully achieve its fundamental goals. Following this gap, the “The Law on the Requirement to Register Real Estate Transactions” was enacted as a fundamental amendment in 1403, one of the central goals of which is to promote transparency, facilitate the registration process, and increase security in real estate transactions, especially properties under construction.The research findings show that despite the fundamental differences in substance between the pre-sale contract and the construction partnership contract, the legislator has extended the pre-sale regulations to partnership contracts due to the commonality of some legal effects and has established the requirement for official registration for these contracts; on the other hand, some specific pre-sale provisions are related only to sales transactions and a distinction must be made between them and the general regulations applicable to partnerships. Also, by replacing the issuance of a unique identifier instead of the requirement to submit a construction permit, while facilitating the registration process, challenges such as reducing the accuracy of information and administrative ambiguities have arisen. Therefore, it is necessary to observe a precise and detailed distinction between these two contractual entities in the interpretation and implementation of the relevant laws and to formulate clear by-laws in order to create greater legal security and transparency in real estate transactions under construction. The research method of this research is descriptive-analytical and based on desk studies. https://www.sabtjournal.ir/article_729527.html The Law on the Requirement to Register Real Estate Transactions (enacted 2024) was adopted with the aim of structuring immovable property transactions and obligatory registration of deeds pertaining to them. Under this law, the registration of any legal act relating to immovable property in the Organizing Private Deeds System is obligatory, so as to grant validity to such transactions before judicial and quasi-judicial authorities. However, despite the legislature’s intention to establish order in the registration and judicial pursuit of transactions, prevent crime and damage, reduce tax evasion, and facilitate existing legal processes, in practice the implementation of this law has given rise to numerous legal challenges. With the law’s applicability in the family sphere, particularly given the sensitivities surrounding such disputes, the challenges of the aforementioned law—especially as they pertain to the enforcement of mahriyeh and the conflicts arising in its implementation and laws governing family matters—prove to be of paramount importance.The present article seeks, through a critical and practical analytical approach, to address two challenges arising from the confluence of The Law on the Requirement to Register Real Estate Transactions and the enforcement of mahriyeh by the wife: First, the challenges regarding the validity of private deeds issued prior to the enactment and enforcement of the law, and the inquiry into unregistered properties of the husband’s assets list by the Execution offices, are analyzed. Subsequently, the manner in which such assets are presented to family courts for in order to enforcing mahriyeh by the wife—currently marked by conflict decisions and inconsistent judicial approaches—is critically examined. Second, the legal challenges of registering immovable property as mahriyeh and its enforcement are studied. Finally, after reviewing and critiquing the aforementioned challenges and scrutinizing the underlying obstacles, practical and operational solutions are proposed. The aim is that, through the application of these solutions, conflicts between The Law on the Requirement to Register Real Estate Transactions and existing family law may be reduced, and judicial security for the enforcement of the wife’s rights as one of her most important legal rights, may be enhanced. https://www.sabtjournal.ir/article_728031.html The necessity of informing third parties about the legal status of real property and its transparency has led legal systems to adopt the principle of mandatory registration for real estate transactions. Nevertheless, there are instances where ownership is transferred prior to official registration—such as in cases where judicial decisions confirm ownership. In these cases, ownership is effectively transferred to the transferee before the transaction is officially registered. The question arises as to how the registration of these instances should be made mandatory in order to complete the information in the land registration system. Mandatory registration is not fulfilled merely by using electronic platforms through the registration process, as it does not affect the legal status of ownership transfer, and creating an online system merely facilitates the completion of land book.Therefore, as a first step, the legal effect of judicially ownership transfers prior to registration should be officially recognized. As a second step, the principle of relative effect of registration should be applied—acknowledging the transferee’s ownership while conditioning any subsequent transfer on official registration. It is in pursuit of this goal that accelerating property registration is achieved through the creation of electronic systems.The acceleration of ownership registration, supported by the implementation of electronic systems, aligns with this two-step approach. This study, adopting a comparative legal perspective, examines the principle of mandatory registration in real estate transactions, first by assessing the legal reliability of informal documents, and subsequently by analyzing judicial transfers of ownership and their implications before official registration. https://www.sabtjournal.ir/article_727593.html Note 1, Article 1 of The Law on the Requirement to Register Real Estate Transactions foresees the possibility of prohibiting the transferee from performing legal acts under three specific conditions, and in the event of a breach of contract by the transferee, it must be examined whether the transferee has foreseen the right of termination in the disputed transaction or not; if the right of termination has been foreseen, then this transfer is deemed to be lost, and if the right of termination is foreseen, the property in question is recovered to the first transferor (holder of the right of termination). This bold innovation of the Iranian legislator has created ambiguities in the mind as to what is the nature of including or not including the right of termination in the transaction, that in the first assumption the transfer is deemed to be lost, and in the second assumption the transfer is not valid and the property in question can be recovered? And what will happen to the disputed transaction in the second assumption? And has the legislator repealed the “decision as a unify judicial procedure of the Supreme Court General Board No. 811” in the first assumption? In the second assumption, several cases can be considered; first, the transferor obliges the transferee to terminate, second, the conflicting transaction is assumed to be considered, third, the termination of the main contract terminates the conflicting contract, and fourth, the conflicting transaction cannot be relied upon against the transferor. Of these four methods, only the first method has a legal obstacle, and the other three methods can be applied. And in the first assumption, the legislator, in line with the application of the rule of good faith in contracts and in accordance with the “decision as a unify judicial procedure of the Supreme Court General Board”, considers the transfer to be a waste in law. In the two assumptions of inclusion and non-inclusion of the right of termination for the transferee in the disputed transaction and in the assumption of no termination and non- revocation and non-recovery of the object of the transaction to the transferee's ownership; the recovery of the object of the transaction depends on the good faith of the third party (the third party's ignorance of the inclusion of the three conditions in the basic contract). https://www.sabtjournal.ir/article_728101.html Property of real estate is considered as one of the fundamental elements of economic systems in societies. For this reason, the legislator, with a cautious approach, has made it mandatory to officially register contracts related to real estate in order to prevent any illegal interference and seizure of property rights. This requirement not only protects the rights of the owners, but also guarantees the legal security of third parties who intend to trade on these properties without being fully aware of their legal records. The issue of the present research is whether it is possible to find a solution based on jurisprudential evidence that prevents the transfer of immovable property in private procedures and restricts it to notarial deeds. In response to this fundamental question, there are two general approaches; the denial approach (rejecting the possibility or legitimacy of such an approach) and the affirmation approach (providing a jurisprudential-legal justification for this solution). Some jurists from the past and present believe that the principle of authenticity and validity of a notarial deed is contingent upon the registration process meeting conditions equivalent to Sharia- compliant proof. In contrast to denial approach, there exists the affirmative approach, which holds that by precisely revisiting the Sharia ruling on the validity of a notarial deed as one of the means of legal evidence, it can be concluded that a notarial deed not only holds legal validity but also takes precedence over other forms of evidence –including private deeds- in cases of adverse. Proponents of this view have relied on strong references, including primary rulings, secondary rulings, and even government rulings, to establish their legal jurisprudential foundations regarding the validity of notarial deeds. This research, in the light of describing and analyzing the jurisprudential propositions, after stating each of the aforementioned positions and examining the existing arguments, examines and criticizes them, ultimately defends the idea of legitimacy and permissibility of mandating the title transfer exclusively through notarial deeds, and considers it in accordance with the texts and the conduct of the wise. https://www.sabtjournal.ir/article_727616.html Land registration and cadastral surveying always need field measurements with proper standards and sufficiently precise instruments. Since more than two decades in Iran, handheld GPS receivers are used for these purposes. Presently, positioning accuracy with handheld receives is not better than ±3m. However, some official experts in the matter use handheld and smartphone GPS receivers for legal land surveys. In this paper, we investigate the accuracy and precision of standard surveying techniques and compare them with those of handheld GPS receivers. Inconsistencies produced in the land parcel’s position as well as in its geometric setup including lengths and area are investigated. Satellite and terrain based standard surveying methods are applied to measure the positions of vertexes of a land parcel of about 4500 m2. Its geometry is then determined with a few millimeters’ accuracy and the reference values for lengths and area are derived. The results of measurements carried out with handheld GPS receivers are then compared with the reference values. Differences up to 20m in position and 1000m2 in area are occurred with reference values measures with precise surveying method. These comparisons testify that the use of handheld GPS receivers causes sever legal problems and the authorities should prevent their use for official land surveying purposes. https://www.sabtjournal.ir/article_727444.html The dispute over the holder of a private and notarial document is a familiar name in the Iranian legal system and has a history of one hundred years in the Iranian legal system. Which group is really right? What can be understood from legal texts indicates that this dispute is endless. Judicial procedure, in complete harmony with this endless litigation, had chosen two different methods. On this basis, achieving uniformity of method, or in other words, finding an answer to the question of how to discover the owner of immovable property, had become an unattainable ideal. With the enactment of the Law on the Requirement to Register Real Estate Transaction approved on 2024, the Expediency Discernment Council was given a bright light, and the legislator stopped talking nonsense and, for the first time in the last century, joined a group that considers the owner to be the holder of the registered title deed. Of course, in an effort to avoid accusations of bias, however, they also introduced a compromise mechanism for holders of private documents, termed “the price dispute at the daily rate”. An institution that will be analyzed in depth in this article to answer the question whether its emergence marks a mere coincidence or represents a small part of fundamental paradigms of Iranian law. https://www.sabtjournal.ir/article_730014.html Given the rapid advancement of digital technologies and the expansion of threats arising from cybercrimes, there is an urgent need for providing comprehensive and up-to-date legal frameworks within the Iranian legal system, particularly to protect the land registration systems against such threats. These registration systems, as critical infrastructures and the official reference for property information, are always at risk from complex threats such as unauthorized access, document forgery, and targeted cyberattacks, which could jeopardize individuals' property rights and the credibility of notarial deeds. Regulations such as the Computer Crimes Law and despite the existence of the National Data and Information Management Law, are not equipped to counter modern and complex threats, nor do they align with international standards. Therefore, the formulation of comprehensive and up-to-date legal frameworks capable of safeguarding sensitive information and protecting digital property rights is an undeniable necessity. These frameworks should address emerging cyber threats, technological developments, and the need for alignment with international standards, with the establishment of independent and appropriate judicial and executive bodies to oversee and implement these laws. https://www.sabtjournal.ir/article_727987.html It has become known that Shiite jurists, possibly inspired by Roman law, have accepted the authenticity of form and formalism in contracts and considered the use of specific words for each contract as part of the nature of the contract. Although evidence of this notion can perhaps be found among some jurists, most jurists have passed over it with detailed critical arguments. In this article, by addressing three topics: the requirement of verbal formula in contracts, the analysis of the requirement of past-tense (māḍawiyya) in contracts, and the issue of conformity and order of offer and acceptance, an attempt has been made to clarify the basis of the opinions of early jurists and to analyze the views of later jurists that have been organized on the same foundation. This article demonstrates that what has been central and foundational in juristic analyses is merely the clear and undeniable expression of intent; otherwise, from the perspective of juristic evidence, there is no reason for the necessity of using a specific form for the validation of a contract. At the end of this article, it is also briefly addressed that the registration of important and valuable contracts can be considered necessary based on the principle of rational construction, and accordingly, if social conditions change and new technologies emerge, it may be possible to move beyond this stage. https://www.sabtjournal.ir/article_729146.html Invalidation of the registered title deed by the courts solely on the basis of civil law, while disrupting the legal and psychological security of the society, has a destructive effect economically. Registration is based on human actions. Therefore, despite all supervision and controls, errors in the process of land registration, and even fraudulent registration of transactions, are possible. Since it cannot be stated that all information recorded in the registration books is in accordance with legal reality and correct, in order to be able to trust the information included in the aforementioned books, the principle of the indefeasibility of the title deed is needed. On the other hand, the principle of “insurance or guarantee” expresses the concept that if a property right is registered, it is guaranteed by the state. An economic analysis of the country’s registration system requires the acceptance of the insurance principle. In addition, the public trust theory, the theory of the independence of the registration system, the theories of citizenship rights, risk-based civil liability, the principle of full compensation, the principle of fairness in compensation, the examination of explicit legal cases, the citation of the jurisprudential rule of no harm, the rule of reasonable restitution of property and reasonable redress of damage against public interests, the legal capacities of state compensation for damaged, and the legal analysis of the rule of Article 22 of the Registration Law are all principles supporting compensation for damage caused by registration errors instead of invalidation the title deed. The authors of this article also believe in the modified acceptance of the principle of "insurance" after adapting it to the country's registration and legal structure. However, the latest will of the legislator in Article 13 of the Law on the Requirement to Register Real Estate Transaction, contrary to the aforementioned rules and even contradictory to some of the strategic principles accepted in this law, incorrectly implemented the institution of "title insurance" and explicitly accepted the possibility of invalidating the registered transaction. https://www.sabtjournal.ir/article_727143.html The determination of nationality of corporations is one of the most challenging issues in the law of corporations. This challenge, which has emerged in two dimensions of the basis of nationality and the criteria for determining nationality, today is more focused on the second dimension, and the criteria of determining nationality still varies from one legal system to another. In Iranian law, this variation has also penetrated the scolars theories and some different theories have been presented regarding the criteria for determining nationality.These raise three questions: First, what is the basis of the nationality of corporations; Second, what are the criterias for determining nationality and which are accepted by Iranian and EU law; Third, What role does registration play in granting the nationality of corporations in the recent jurisprudence of the European Court of Justice, and to what extent is this role compatible with the current Iranian legal system?This research, in the framework of a descriptive-analytical method and based on comparative studies, has concluded that granting the nationality to the corporations is based on the identification of applicable law and the principle of diplomatic protection of corporations. In order to determine the concept, a various criterias are involved, such as theories of Lex incorporationis, Real seat, Control and Connecting Factor. The attitude of Iranian and EU law in identifying the single criterion are not explicit, but the new approach by ECJ has moved towards identifying the theory of Lex incorporationis. In Iranian law, the same theory is applicable in the provided interpretations of the law and jurisprudence. https://www.sabtjournal.ir/article_727979.html قانون‌گذار معاملات با اسناد عادی را صحیح و معتبر می‌داند، اما در خصوص اموال غیرمنقول، اعتبار آن‌ها را مشروط به ثبت رسمی کرده‌است. بر این اساس، طرح «الزام به ثبت رسمی معاملات اموال غیرمنقول» در تاریخ 6/9/1401 در مجلس شورای اسلامی و در تاریخ 26/2/1403 در مجمع تشخیص مصلحت نظام به تصویب رسید (زارع، 1402: 161). پژوهش حاضر با رویکردی توصیفی–تحلیلی و با تمرکز بر شهر تهران، به بررسی نقش این قانون در پیشگیری از تغییر غیرمجاز کاربری باغات با استفاده از تصاویر ماهواره‌ای و تحلیل‌های مکانی پرداخته‌است.در مرحله گردآوری داده‌ها، قانون «الزام به ثبت رسمی معاملات اموال غیرمنقول» و مواد مرتبط با مسائل و زیرساخت‌های فنی آن، با تمرکز بر مواد ۱، ۶، ۸ و ۱۰ مورد بررسی قرار گرفت. این مواد به‌ترتیب به الزام ثبت رسمی معاملات و بی‌اعتباری اسناد غیررسمی (ماده ۱)، اتصال دستگاه‌های اجرایی به سامانه ثبت الکترونیک و پاسخ‌دهی برخط به استعلامات (ماده ۶)، ثبت آرای قطعی مربوط به املاک در سامانه توسط مراجع قضایی (ماده ۸) و ایجاد سامانه‌ای برای ثبت ادعاهای فاقد سند رسمی و تعیین مهلت قانونی برای پیگیری آن‌ها (ماده ۱۰) می‌پردازند. به ‌موازات این بررسی، داده‌های مکانی مرتبط، مانند تصاویر چندزمانه ماهواره‌ای لندست 2، 5، 7 و 8 از شهر تهران در بازه‌ زمانی تابستان سال‌های 1355، 1365، 1375، 1385 و 1395 شمسی، جمع آوری گردید و تحلیل‌های مکانی، از جمله پایش تغییرات کاربری با استفاده از الگوریتم‌های طبقه‌بندی نظارت‌شده و نظارت‌نشده، در محیط برنامه‌نویسی پایتون اجرا شد.هدف از این تحلیل‌ها، بررسی ارتباط میان ناکارآمدی در تبادل اطلاعات بین‌نهادی، عدم ثبت رسمی معاملات و روند تخریب باغات در تهران بوده است. نتایج نشان می‌دهد که عدم ثبت رسمی معاملات، به‌ویژه در بخش املاک، یکی از عوامل اصلی تسهیل تغییر غیر مجاز کاربری و تخریب باغات به‌شمار می‌رود. https://www.sabtjournal.ir/article_729162.html The proliferation of financial and economic crimes in the field of real estate, including forgery of documents, fraud, and collusion to unlawfully acquire property, has in recent years emerged as one of the critical challenges confronting the country’s legal system. The lack of transparency in property transfer procedures, the widespread prevalence of informal transactions, and weaknesses in supervisory mechanisms have created fertile ground for the commission of such crimes, thereby underscoring the necessity of examining preventive legal mechanisms. The present study is conducted with the aim of elucidating the role of official registration of immovable property transactions in preventing economic crimes, as well as identifying the existing legal and institutional gaps. The research employs a descriptive–analytical method based on library resources, and the data have been collected through the examination of statutory provisions, judicial precedents, and jurisprudential and criminological perspectives. Findings of the study demonstrate that the official registration of deeds, in addition to consolidating ownership and strengthening their evidentiary value, plays a decisive role in limiting the grounds for organized economic crimes by reducing property disputes and fostering transparency in transactions. Nevertheless, certain deficiencies—such as the absence of inherent invalidity of informal contracts, the admissibility of unofficial documents in judicial proceedings, the lack of integrated registration systems, and weaknesses in systemic oversight—continue to obstruct the full realization of the preventive capacity of this institution. According to the results, legislative reforms, the expansion of electronic registration, the promotion of public legal awareness, and the reinforcement of intelligent monitoring mechanisms are essential measures that can contribute significantly to the reduction of economic crimes and the enhancement of public trust in the legal system. https://www.sabtjournal.ir/article_729955.html In an era where digital transformations and complex crises have challenged the traditional foundations of the document registration system, resilience has become a critical factor for the survival and growth of these institutions. Addressing this vital need, this research aims to design a resilience model for notary public offices in the age of fourth-generation services (smart, integrated, and transformative). The study employs a mixed-methods approach (qualitative-quantitative). In the qualitative phase, the meta-synthesis method and the Delphi technique were used with the participation of 15 experts holding at least a master's degree and 10 years of work experience, selected through purposive sampling. SPSS and Excel software were utilized to identify the initial dimensions of the model. In the quantitative phase, data collected from 180 professionals in the field were analyzed using Confirmatory Factor Analysis (CFA) and Partial Least Squares (PLS) regression in Smart PLS software. The findings of this research include 28 indicators across three dimensions: the organizational dimension (five indicators), the social dimension (seven indicators), and the technological dimension (sixteen indicators). As a practical solution, the establishment of an open registration innovation center was proposed to enhance resilience through collaboration with technology stakeholders. https://www.sabtjournal.ir/article_732444.html Abstract Goodwill is among the financial rights associated with the lease of commercial premises. These rights are designed to protect commercial tenants and recognize a trader’s right to retain customers and to have priority in renewing the lease. Under the Landlord and Tenant Relations Act of 1977 (1356), the transfer of such rights is deemed valid only through an official notarized deed. However, the 1997 (1376) Act contains no provision regarding the necessity of formal registration for such transfers. In light of the enactment of The Law on the Requirement to Register Real Estate Transaction, and considering Articles 1 and 4 of this law, the present study—conducted through descriptive-analytical methodology and based on desk studies—aims to examine the applicability of Article 1 to the transfer of goodwill rights and the necessity of their formal registration. Two perspectives are explored: • The first perspective asserts that, based on Article 1 and the cases stipulated therein, as well as Article 4 of the said law, the transfer of goodwill rights falls under the scope of Article 1 and must therefore be carried out through official registration. • The second perspective, based on the legal nature of goodwill rights and their connection to Article 1, as well as the principle of optional registration of documents, the principle of numerous clauses, and considering the mandatory nature of the Law and the burdensome legal obligations governing registration of transactions, suggests that the legislator did not intend to apply Article 1 of the said law to goodwill transfers. Instead, the right to conduct business or trade—as defined under the 1977 Act—is transferred exclusively under that law’s provisions and only via notarized deed as stipulated therein. https://www.sabtjournal.ir/article_732662.html In Note (3) of Article (10) of the Law on the "Obligation to Officially Register Immovable Property Transactions", by validating the place of possession, the process of issuing ownership documents in rural, agricultural and garden lands has been revolutionized, and in addition to turning away from the demand-oriented nature of the registration request, the Islamic Revolution Housing Foundation and the Agricultural Jihad have been designated as the institutions responsible for verifying ownership possession, examining the site, preparing a map, and filing a file in order to issue "possessory ownership documents". An institution whose acceptance and full implementation can achieve the pending goals of registration laws, including the Comprehensive Law on the Boundary Survey, which provides for the issuance of ownership documents for all lands and properties within the geographical boundaries of the country. However, entrusting the specialized duties of the registration organization to non-specialized agencies and implementing this institution without considering the property rights that have been registered in the implementation of previous laws will lead to increased disputes and confusion in the field of ownership. This article, which includes a comparative study of possession ownership documents, will present suggestions for the systematic implementation of the aforementioned note. https://www.sabtjournal.ir/article_736358.html Problem Statement: The 2D cadastre faces ambiguities and legal disputes in registering 3D properties, such as apartments, tunnels, and vertical easements. In Iran, the Comprehensive Cadastre Act (2014) does not address the third dimension, and this legal gap is the main obstacle to developing a 3D cadastre. Methodology: This article adopts a comparative approach, examining the legal and registration systems of three leading jurisdictions – Queensland (Australia), Victoria (Australia), and the Netherlands – across four aspects: (1) legal definition of 3D objects; (2) types of registrable rights; (3) technical guidelines; and (4) the responsible institution and ongoing developments. These are then compared with the situation in Iran. Findings: Queensland, with its distinction between “Lot” and “3D Parcel” and its mandatory technical guidelines (CSR and RTDPP), has the most advanced framework. Victoria, with its evolved laws, is moving toward digital standards (ePlan, IFC, CityGML). The Netherlands, based on the principle of unity of land and building ownership, does not accept the registration of independent 3D volumes but uses 3D PDFs in official deeds. In Iran, there is no legal definition of the third dimension, no technical guidelines have been developed, and concepts such as 3D parcel are not defined. Existing activities are mainly focused on design and construction, not on land registration. Conclusion: Amending the Comprehensive Cadastre Act to include 3D definitions, developing technical guidelines based on ISO 19152, and mandating digital 3D documents are essential prerequisites for moving toward a 3D cadastre in Iran.