Joint Ownership (Arabic Language – AED 400)
This course focuses on joint ownership where the ownership of a property belongs to more than one person.
Joint ownership is defined in 4 categories:
• Ordinary joint ownership of a property: It is a typical joint ownership where several persons own a share in a property but without this share being segregated from the other shares. We will look at a joint owner’s rights as a shareholder and as a joint owner of the property, and events of termination of joint ownership, especially through division into separate properties (principles / types whether consensual or judicial and relevant procedures).
In addition, we will look into the preemption right. In our discussion of preemption right, we will present its conditions, the joint owner, cases of inapplicability of preemption, the multiplicity of joint owners exercising their preemption right, the procedures of preemption and its effects.
• Ownership of the common wall (it will be covered briefly).
• The right of way/easement(s) (it will be covered briefly).
• Ownership in a jointly owned property i.e. ownership of joint properties that is based on two pillars: (i) distinction between common areas and units and (ii) collective management of this type of ownership (for major projects / hotel projects and real estate projects other than major projects / hotel projects). It will be addressed in light of law no. 6 issued in 2019 regarding ownership of jointly owned property in the Emirate of Dubai.
• Family ownership, which is a special type of joint ownership that allows members of the same family that are united by
business or interest to agree in writing to establish a family ownership. This property consists of either a legacy that they inherited and agreed to make it all or a part of it as a family property, or from any other money that they agreed to include into this type of ownership.
Applicable decisions of the courts in the United Arab Emirates regarding joint ownership will be referred to and discussed.