A mortgage through a country of ownership would not be classified as usufruit law, since it is two different types of rights in the territory. A usufruit allows a party to use the country. The law is a real right, limited in time and after the end of the predetermined mandate or after the death of the nudonne, according to what is earlier. Although any Omani or non-Omani individual or corporation is able to acquire leasing units in Oman, non-Oman companies (other than CCG) are not in a position to acquire shares of ownership or usufruit. CCG businesses (i.e. 100% CCG and businesses) have the same rights as Oman companies and can acquire leasing, ownership and usufruit shares in Oman. All transactions related to the property, including transfer, usufruit and mortgage are commented on and stamped on the Mulkhiya. A legal mortgage on the land or a usufruit right is perfected by the registration of the mortgage to the Oman Ministry of Housing (MOH). The shares of the property can thus be pledged, provided that the Mortgagor is the registered owner of the mortgaged property and that he has the right to dispose of the property. As far as agricultural land is concerned, non-Omanis can either enter a usufruit in all governorates or rent them out for a project that Oman will develop. There are certain conditions that must be met for non-Omanis to qualify for this, and they understand that the usufruit/rental taker is a 60% Omanis-owned company and that the usufruit/rental period is no less than one year and no more than ten years. In addition, it is subject to the approval of the Minister of Housing after the notification has been filed, with all necessary documents, including a feasibility study.
In addition, the beneficiary of a legal mortgage must not be the same person who is liable. For example, in the case of a union transaction, the mortgage will generally be one of the lenders that, under an agreement on the security authorities, acts on behalf of all the syndicated lenders under an agreement on the security authorities. This type of agreement is recognized by Omani law. Since 2006, non-Omani individuals and businesses have been permitted to acquire usufruit rights on land located in areas designated as “Integrated Tourist Complexes” (ITCs) for the purpose of housing and investment. Thirteen such denominations have been used to date. THE ITCs tend to have defined elements of tourism, trade and housing. As part of a usufruit, the usufruit has rights similar to those of the owner. These rights include the right to transfer or mortgage usufruit rights and to enter into leases on all or part of the usufruit country. The usufruit has the right to use the country for the purposes of the usufruit contract for the duration of the usufruit. This right is granted in exchange for the payment of the usufruit rent. Companies that own at least 60% Omani are able to have a usufruit of land and real estate for all purposes except agriculture. It is subject to the Minister`s agreement and the following conditions: As noted above, the rights of foreign companies with respect to continental real estate are generally limited to usufruits or rental rights that are authorized by SOAGs, GCC citizens (or CCG citizens) and non-GCCs with respect to housing units in ICT.