Dubai government has introduced several mechanisms to resolve property disputes in the UAE. Dubai offers a wide range of dispute resolution methods and relevant authorities governing the real estate sector.
Some of the common reasons for residential property disputes are:
- Failure to pay the rent even after the issuance of a notice of payment from the landlord.
- Subleasing of, a part of a property without approval of the owner of the property
- Making changes to the property that cannot be undone or Causing damage to the property intentionally or due to negligence to take proper precautions of the property or Allowing others to cause such damage.
- If the tenant uses or allows others to use the property for illegal use.
Different Ways to Solve Property Disputes
Communication with the disputant parties
Face to face communication and in-person meetings are the best way to solve the property without opting for any of the methods for solving property disputes.
An amicable settlement is an efficient option because mediators are very often experienced and may have access to Dubai land department databases, which help them to find facts and information about the properties, projects, developers and other information more efficiently. The types of settlement options available as follows:
- Before proceeding to a court procedure many of the property disputes are settled by negotiation. Negotiation of disputes related to residential property requires even more specialized knowledge and skilful communication. If you are seeking fair compensation for your claims, this process is an excellent opportunity to save time and money.
- Arbitration: the concept of arbitration for property dispute is desirable because it proves confidentiality for both the parties. As per UAE law, some property cases cannot be arbitrated for public policy reasons. The parties need to be very careful before referring any property case to arbitration.
- Mediation for residential property dispute:
Any disagreement or dispute can be resolved using Mediation. The dispute is resolved more quickly and its less cost consuming.
Most common issues brought up through mediation include:
- Repair and inspection issues,
- costs for repairs,
- Financial money disputes,
- Matters related to Misrepresentation of any moveable or immovable property
Conciliation is a process conducted with the aid of an impartial person called conciliator to identify the property issues, develop options, take alternatives and attempt to reach an agreement. The conciliator has no deciding role on the content of the dispute or the outcome of its resolution but may advise on or determine the process of conciliation. The conciliator may also suggest settlement terms and actively encourage the parties to reach an agreement that is consistent with the law.
Litigation: Either parties for resolving their disputes if they are not satisfied by the methods of arbitration or negotiation. Dubai Court has jurisdiction over all property disputes in UAE. There are three levels of Courts being the First Instance, Court of Appeal and the Court of Cassation. A judge who decides on a property case may appoint a real estate expert to assist him in some technical issues. All documents submitted to the court must be translated into Arabic. Having an experienced lawyer by your side, you may get a fair settlement for a property dispute
Remedies Claimed Under Property Disputes
- Include a damages award to cover the losses, or an injunction ordering one party to remedy a property defect or preventing a party from doing something on his or her property.
- Either party may claim monetary damages for violating the terms of the contract. These damages may include damages that help cover the losses of the non-breaching party or compensatory damages to punish the breaching party
- In some cases, the court may also order to continue the contractual obligation by either party.
- Claim compensation for repairs and maintenance of the property
- claim replacement for movable property
Documents Required to File a Dispute Case
The parties will need to prepare various documents that are required for any dispute case to be filed they include:
- Emirates ID
- Ejari certificate
- Original tenancy contract
- Passport copy
- DEWA bills
- Title deeds (if you are a landlord)
- Copies of issued checks
- Any other relevant documents
Property Dispute in UAE
There are lots of excellent forums to resolve a residential property dispute in UAE. Depending upon the nature of the dispute, the cost involved and the time limitation, a property lawyer should be cautious before choosing the correct forum for the requirements. A professional property lawyer can regularly advise on real estate disputes
They have in-depth knowledge about a wide range of property for real estate transactions to business. Property lawyers navigate the negotiations and ensure you with insightful advice and legal guidance, so you can make the right choice. If you need, you may take the help of property dispute lawyers in UAE so that they may represent you on your behalf.