Usufruct Rights (Dubai Property)
Usufruct is a legal right that entitles a person to use and enjoy a property owned by another person, and to take the fruits or benefits of that property, without damaging or permanently altering it. In Dubai real estate law, usufruct rights are recognised under Federal Law No. 5 of 1985 (UAE Civil Code) and apply in various property arrangements, including long-term leases. For tenants, understanding usufruct clarifies the extent of their right to use and benefit from a rented property.
In Depth
Under the UAE Civil Code, a usufructuary (the person holding usufruct rights — i.e., the tenant) has the right to use the property and take its natural fruits, but may not fundamentally alter its structure or do anything that would diminish its value beyond normal use. This aligns closely with the tenant's general rights and obligations under Dubai tenancy law.
Usufruct can be granted for a fixed term (as in most tenancies) or for the life of the usufructuary. In Dubai's property market, long-term usufruct leases (up to 99 years in certain freehold areas) are used as a property ownership-like product available to non-GCC nationals in non-freehold areas.
For tenants in standard residential leases, usufruct principles reinforce their right to peaceful enjoyment of the property — meaning the landlord cannot arbitrarily enter, alter, or disturb the tenant's use without consent or legal authority. This underlies many of the tenant protection provisions in Law No. 26 of 2007.
The concept is also relevant when a tenant makes improvements to the property: the tenant has rights to any improvements that can be removed without damaging the property (such as fixtures the tenant installed) but does not generally acquire rights over structural improvements that become part of the property.
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