Law Number (11) Of 2021 on Land Register in Emirate of Ras Al Khaimah
The UAE government has issued Federal Law Number (11) of 2021, which supersedes the former Industrial Property Law Number (31) of 2006 on the Regulation and Protection of Patents, Industrial Drawings, and Designs... The new Law covers patents, utility models, industrial designs, and trade secrets in the UAE to protect industrial property and regulate the registration, use, exploitation, and assignment procedures to foster knowledge and innovation. On May 31, 2021, the new Law was published in the official gazette number (703 - Annex), and it will take effect six months after that date.
The following are the significant changes to the existing UAE law:
Unless the context of the text indicates otherwise, the following words and phrases shall have the meanings meant opposite each of them to carry out the provisions of this Law:
Emirate: Ras Al Khaimah
State: United Arab Emirates Emirate
Ruler: Ruler of Emirates
Council: Executive council of emirates
Department: Municipality department
Director: Director General of department
Sector: Land and properties sector
Administration: Registration administration in the sector
The property is divided into four categories based on who owns it:
- Government-owned land
- A private residence
- Property with Endowment
- On the off chance that an enrolled land unit is separated and every proprietor claims a part of it, the first cadaster will be supplanted by a few cadasters set up as per diagrams given by the equipped specialized power. Such division will be referenced and clarified in the first cadaster and discounted rather than removed from the register after the installment of expenses. Such division will be referenced and explained in the first cadaster and dismissed rather than removed from the record.
- If a building is divided into levels or flats, each level or apartment must have its sub-cadaster in the property land cadaster, and each level or flat must be registered in the owner's name.
- Shares of partners in common parts shall be recorded in joint ownerships and units sorted based on levels, flats, and real estate development areas, and such shares shall be calculated by dividing total areas of common parts by total net areas of sorted units multiplied by the net area of the unit.
If more than one unit has been merged and one of them is held by an accessory right in rem, that right will be extended to cover the new real estate unit without the right holder's agreement. However, if an independent accessory protects each unit right in rem, the rights holders must consent to the merger. If a team with an accessory right in rem is sorted or divided, the accessory right in rem extends to all new real estate units.
The sector will be in charge of land registration, and it will accomplish the following things to that end:
- Keep detailed records of real estate properties.
- Conduct a full property assessment and keep it up to date.
- Prepare or approve ideal contract forms for real estate dispositions and other property rights that the Law determines.
- Establish guidelines for document regulation, maintenance, and disposal.
- Establish guidelines for using computers in the process of saving and registering details of real estate dispositions and any other property rights established by Law.
- Create, manage, supervise, and maintain a real estate database as the foundation for the National Information System.
- Conduct research and publish magazines focusing on real estate market trends.
- Research into confirming precarious rights by a title deed following the council's rules.
Foreigners who are not nationals of the United Arab Emirates or citizens of Gulf Cooperation Council countries, whether natural or legal persons, are forbidden from obtaining ownership of built properties or vacant lands in the emirate for any cause other than inheritance. This ban will apply to absolute ownership, bare ownership, and usufruct rights, with rents of more than fifty years being considered possession in the application of this Law. Any firm in which citizens of the UAE or Gulf Cooperation Council countries do not own at least 51 percent of the capital shall be considered a legal person for this article.
Foreigners may gain possession of built properties and vacant lands in the following circumstances, except for the prohibition outlined in the previous article:
- The Ruler's approval of foreigners' possession in regions designated by him.
- If the property is in the hands of a foreign government as the location of its diplomatic or consular mission or the residence of the mission's head, on the condition of reciprocity, or if the property is owned by one of the international agencies or organizations.
Only documents signed by the parties before the sector and issued by the person who has the power of disposal in the rights established in the register or judgments or resolutions issued by the relevant court may be used to update the data in the record. The sector may correct material errors in the register's details on its own or at the request of concerned persons, and the person whose rights were changed, removed, or corrected shall be notified of each entry, erasure, annotation, or correction, and all of this shall be included in the title deed. The resolution will determine the recording, altering, annotating, and correcting procedures from the Director.
To know more about Law Number (11) Of 2021 on Land Register in Emirates of Ras Al Khaimah Click here