Chapter Six
Registration
Article (9)
All transactions that create, transfer,
change or cancel rights over Land shall be recorded in the land register and final
judgments confirming those transactions shall also be likewise registered. No transaction
shall have any effect unless registered in the Land Register.
Article (10)
Any undertaking to transfer a right
over the Land shall be limited to an obligation to pay compensation if the obligor
is in breach of his undertaking, whether the undertaking contains a provision to
pay compensation or not.
Article (11)
If the estate of a deceased contains
Right over Land then the certificate of inheritance shall not be effective or recognized
against third parties unless registered in the Land Department.
Article (12)
The department may for the purpose
of settlement entertain applications for registration submitted by persons in possession
of Land that is not registered in their names.
Chapter seven
Alterations or corrections
of Records in the Register of Land
Article (13)
The Department may, on the application of a interested party or on its own initiative
with notification to those concerned, correct clerical errors in the records of
the Land Register.
Article (14)
In coordination with the relevant
authorities, the Department shall update its records of Land Units and of what is
located thereon such as buildings, plants or otherwise.
Chapter Eight
The Maps
Article No.15
For the purpose of registration
of Land Units and Land areas, the following maps shall be relied upon:
Typographic master map;
Map of Land Unit and, Map of Land Area
Each Land area shall have its own separate map indicating the Land Units located
on it and the numbers thereof.
Each Land Unit shall have its own separate map indicating its site, boundaries,
width and length, area, its features, construction located on it and the numbers
given for its neighboring units.
Chapter Nine
Dividing and Merging
Article (16)
If the dominant Land Unit is divided
up, the right of easement shall remain in existence in favor of each part of it,
provided that does not increase the burden to the
servient
Land Unit. However, if the right benefits only some of such parts,
the owner of the
servient
Land Unit may apply to the Department for the termination of the
right benefits only some of such parts, the owner o the
servient
Land Unit may apply to the Department for the termination of right
in respect of other parts.
Article (17)
If the
servient
Land Unit is divided up, right of easement shall remaining existence
over each part of it. However, if the right is not in fact used over some of such
parts, and it is not possible to use it over those parts, the owner of each part
thereof may apply to the Department, in accordance with the provisions of this Law,
for termination of the right in respect of this part.
Article (18)
Easement rights cease to exist by
the acquisition of the dominant an
servient
Land Units by the same owner.
Article (19)
If the Land Unit which is encumbered
by an accessory right over Land is divided into two or more Land Units.
Then each such new Land
Unit will be encumbered by the whole accessory Right over the Land. The new owners
may agree with the beneficiary of the accessory right over Land for the division
of it in such way so that each new Unit will be encumbered by one part of it, to
be determined by mutual consent.
Article (20)
If two Land Units and one of them
is encumbered by an accessory Right over Land while the other is not, then accessory
Right over Land shall extend on the whole of the new Land Unit without the approval
of the merger by the beneficiary of the accessory right over the Land. However,
if each of the two land units is encumbered by an independent accessory right over
Land, then the beneficiary of each such accessory Right over Land must approve the
merger.
Article (21)
Any alteration in the Land Unit
by dividing or merging shall be registered in the Land Register.
Chapter Ten
Ownership Document
Article (22)
The Department shall issue documents
relating to rights over Land on the basis of the actual records of the Land Register.
Article (23)
Without prejudice to the provisions
of any other Law, apartment buildings and multi-storey buildings shall be treated
as a single Land unit and shall have one record in the Land Register to be supplemented
by records stating the names of the owners of the apartments, storey's
and common parts.
Article (24)
Ownership document mentioned in
article 22 of this Law are conclusive evidence of the Rights over Land contained
therein.
In the Land Unit record shall be set out any conditions, promises or restrictions
concerning Rights over Land and other obligations.
Chapter Eleven
Final Provisions
Article (25)
Provisions of the Federal Civil
Transactions Law No 5/1985 and its amendments shall apply to all matters not provided
for by this Law.
Article (26)
Any agreement or transaction made
contrary to the provisions of this Law shall be null and void, as shall also b null
and void nay agreement or disposal made with the intension to contravene the provisions
of this Law.
The nullity of such agreement
or disposal may be invoked before the court by every person having an interest,
as well as by the Department, or the public prosecution, and such nullity may also
be 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 Lands in the Emirate of Dubai shall be repealed.
Article (28)
The Head of the Department shall
issue all necessary regulations, decisions, orders and instructions for the implementation
of the provisions of this Law.
Article (29)
This Law shall be published in the
Official Gazette and come into force as of the date of its publication.