Real Heights Real Estate Broker

Dubai Property Law

Article Index
Dubai Property Law
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Chapter Six
Chapter Seven
Chapter Eight
Chapter Nine
Chapter Ten
Chapter Eleven

Page 9 of 11

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.

<< Prev - Next >>

[ Back ]