قانون العقارات / الملكية في الإماراتLaw No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai

Article (1) This Law will be cited as "Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai".

Article (3) The provisions of this Law will apply to Real Property in the Emirate.

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Article (4) The right to own Real Property in the Emirate will be restricted to UAE nationals, nationals of the Gulf Cooperation Council member states and to companies fully owned by these, and to public joint stock companies. Subject to the approval of the Ruler, non-UAE nationals may, in certain areas determined by the Ruler, be granted the following rights: a. Freehold ownership of Real Property without time restrictions; and b. Usufruct or leasehold over Real Property for a period not exceeding ninety-nine (99) years. Chapter Three General Provisions

Article (5) Originals of documents and court rulings in accordance with which Real Property registration is made will be kept with the Department and may not be removed from its premises. Pursuant to the provisions of this Law, interested parties, judicial authorities, or experts and competent committees delegated by judicial authorities may have access to the documents kept on record and obtain an attested copy thereof. Chapter Four Functions of the Department

Article (7) A Property Register will be maintained in the Department to record all Real Property Rights and any amendments thereto. This Property Register will have absolute evidentiary value against all parties and the validity of its data may not be impugned unless it is proven to be the result of fraud or forgery.

Article (8) Subject to the provisions of Article (7) of this Law, all electronically recorded Real Property documents and reports will have the same evidentiary value as the originals of such documents and reports. Chapter Six Registration

Article (9) All transactions that create, transfer, amend, or extinguish Real Property Rights will be recorded in the Property Register. Likewise, final rulings validating such transactions will also be registered. Such transactions will not be deemed valid unless recorded in the Property Register.

Article (10) If an obligor is in breach of his undertaking to transfer any Real Property Right, his liability will be limited to his obligation to pay an indemnity for this breach, regardless of whether or not an obligation to pay such an indemnity is stated in the undertaking.

Article (11) If the estate of a deceased contains Real Property Rights, a certificate of inheritance will be registered in the Property Register, and disposal by any heir of any such rights will not be effective or recognised against third parties unless also registered in the Property Register.

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Article (12) The Department may, in accordance with procedures determined under a resolution of the Chairman of the Department, consider applications for registration submitted by Persons in possession of land that is not registered in their names in order to adjust the status of such land. Chapter Seven Variation or Correction of Property Register Data

Article (13) The Department may, upon the application of an interested party, or on its own initiative, after giving notification to concerned parties, correct manifest material errors in the records of the Property Register.

Article (14) In coordination with competent entities, the Department will update the data of Real Property Units and of everything thereon such as buildings, plants or otherwise. Chapter Eight Maps

Article (15) 1. Registration of Real Property Units and Real Property Areas will be based upon the following maps: a. topographic master map; b. map of the Real Property Unit; and c. map of the Real Property Area. 2. Each Real Property Area will have its own separate map indicating the Real Property Units located on it and their numbers. 3. Each Real Property Unit will have its own separate map indicating its site, boundaries, measurements, area, features, constructions situated on it, and the numbers given to its adjacent Units.

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Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai Page 6 of 8 Chapter Nine Dividing and Merging

Article (16) If a dominant Real Property Unit is divided, any existing easement right will continue for each resulting part, provided that this division does not increase the burden on the servient Real Property Unit. However, if the easement is only beneficial to some of the resulting parts, the owner of the servient Real Property Unit may apply to the Department to terminate the easement rights in respect of the other parts.

Article (17) If a servient Real Property Unit is divided, any existing easement rights will continue for each resulting part. However, if the easement right is not used over some parts, or if it is not possible to use it over some parts, the owner of each part thereof may apply to the Department, in accordance with the provisions of this Law, to extinguish the easement right in respect of his part.

Article (18) Easements cease to exist upon the acquisition of the dominant and servient Real Property Units by the same owner.

Article (19) If a Real Property Unit encumbered by a collateral right in rem is divided into two or more Real Property Units, each resulting new Real Property Unit will be encumbered by the entire right. The new owners may agree with the beneficiary of the collateral right in rem on division of such right in such a manner that each new Real Property Unit be encumbered by only part of such right as may be specified by mutual consent.

Article (20) Where two (2) Real Property Units merge and one of them is encumbered by a collateral right in rem while the other is not, the collateral right will extend to cover the entire new Real Property Unit without approval of the merger by the beneficiary of the collateral right in rem. However, where each of the two (2) Real Property Units is encumbered by an independent collateral right in rem, the merger must be approved by beneficiaries of such rights.

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Article (21) Any variation in the Real Property Unit by way of division or merger will be registered in the Property Register. Chapter Ten Title Deeds

Article (22) The Department will issue title deeds relating to Real Property Rights based on the data recorded in the Property Register.

Article (23) Without prejudice to the provisions of any other law, apartment buildings and multi- storey buildings will be treated as a single Real Property Unit and will have one record in the Property Register to be supplemented by records stating the names of the owners of the apartments, floors, and common areas.

Article (24) 1. Title deeds mentioned in Article (22) of this Law will have absolute evidentiary value in verifying Real Property Rights. 2. Any conditions, undertakings, or restrictions concerning Real Property Rights and other obligations, will be stated in the record of the Real Property Unit. Chapter Eleven Final Provisions

Article (25) Provisions of Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments will apply to all matters not provided for in this Law.

Article (26) 1. Any agreement or disposition in breach of the provisions of this Law will be null and void. Likewise, any agreement or disposition made with the intention of circumventing the provisions of this Law will be deemed null and void.

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Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai Page 8 of 8 2. The invalidity of such an agreement or disposition may be invoked before the court by any interested party, the Department, the Public Prosecution, or otherwise ordered by the court on its own initiative.

Article (27) The Decree dated 6 November 1977 Concerning Civil and Criminal Cases in Respect of Transactions Relating to Disposal of Land in the Emirate of Dubai will be repealed.

Article (28) The Chairman will issue all regulations, decisions, orders, and instructions required for the implementation of the provisions of this Law.

Article (29) This Law will be published in the Official Gazette and will come into force on the day on which it is published. Mohammed bin Rashid Al Maktoum Ruler of Dubai Issued in Dubai on 13 March 2006 Corresponding to 13 Safar 1427 A.H.

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