Resolving Property Disputes in Dubai: A Complete Guide

Owning a property in Dubai is a dream for many, and if you are one of those people who is living this dream, consider yourself lucky. However, property ownership entails its challenges, with disputes being one of these. These disputes can encompass disagreements with the developer or tenants to more serious conflicts involving multiple parties. The most common disputes we come across in Dubai involve rental disagreements, tenant evictions, delays in the delivery of projects, etc. We understand that property disputes can be a hassle to handle considering the rules, regulations, and paperwork that one has to deal with. If you are embroiled in one such dispute and are looking for a way out, this article will be of great help.

How Can You Navigate Property Disputes in Dubai?

Acquire Legal Assistance

As the first step, you must ideally acquire professional services from real estate lawyers in the UAE. A lawyer will advise you on the right course of action depending on your issue and the circumstances. Having an experienced legal professional in this case will give you better insights into your rights and obligations.

Negotiation

It is always advisable to try an informal negotiation with the other party. If you can sort out the issue by having an informal negotiation, you can avoid it from escalating further and save precious time and effort.

Settlement Through ASC at DLD

The Dubai Land Department (DLD) has a dedicated division known as the Amicable Settlement Centre (ASC). The purpose of this division is to help settle matters in an amicable way. Moreover, these settlements usually do not incur any fees for the parties involved. Once a settlement has been reached, the parties have to sign a legally binding agreement.

Settlement Through RDSC at DLD

The DLD also has a dedicated division exclusively for handling rental disputes. Known as the Rental Dispute Settlement Centre (RDSC), it provides an efficient mechanism to resolve tenancy-related disputes. The RDSC has an internal department for handling mediation between the parties. If no settlement is reached in the case, it is referred to the judges. The RDSC also has an appeal committee where an appeal can be filed if either party is not satisfied after the judges have passed their judgement.

Arbitration

Property disputes can also be dealt with through a process known as arbitration. This involves resolving conflicts outside of the courts. The parties must submit evidence and present arguments before the appointed third-party arbitrator or a panel of arbitrators. The Dubai International Arbitration Centre (DIAC) is the most popular arbitral institution in the Emirate. The decisions made by the arbitrator must be followed by the parties involved.

Escalation to Court

If the dispute cannot be resolved through the aforementioned steps of settlement and arbitration, it is usually escalated to the courts. Dubai Courts is the presiding authority over property disputes in the Emirate. It is crucial to note that some cases such as those related to properties within jurisdictions like Dubai International Financial Centre (DIFC) are referred to DIFC Courts. At Dubai Courts, the dispute is first heard at the Court of First Instance. If either party is unhappy with the judgement, the case may then be passed on to the Court of Appeal and lastly the Court of Cassation.

Using Power of Attorney to Settle Property Disputes

In cases where the property owners are not available or do not wish to manage the dispute by themselves, they have the option to appoint another individual to handle it on their behalf. This can be easily done through a property dispute power of attorney in the UAE. With this POA, the individual can represent you before the relevant authorities, appoint and terminate lawyers to handle the case, and manage other aspects related to the case. Moreover, this power of attorney can be applicable to cases involving both freehold and leasehold properties. JustPOA is a renowned POA service provider in Dubai and offers all the assistance you need to prepare your power of attorney in the shortest possible time.