Protection of Property and Owner's Rights in the UAE | JD Supra

Introduction

Property rights and the protection of personal property are important aspects of any society governed by legal principles. In the UAE, there are specific laws and regulations in place to protect property. This article examines the key provisions of UAE laws regarding property protection and the rights of owners, including Federal Decree-Law No. 31/2021, Dubai Administrative Resolution No. 1/2016, Dubai Law No. 5/2015, and Sharjah Executive Council Resolution No. 10/2021.

Federal Decree-Law No. 31/2021: Protection of Lost Property

Federal Decree-Law No. 31/2021, known as the UAE Penal Code, contains provisions regarding lost property. Article 454 of this law states that any person who takes possession of lost property belonging to another person with the intent to become its owner may be sentenced to imprisonment for up to two years or fined at least twenty thousand dirhams. This law emphasizes the importance of respecting the rights of property owners and prohibits undocumented possession of lost items.

Administrative Decision of Dubai No. 1/2016: Dealing with Lost and Abandoned Property

The Administrative Decision of Dubai No. 1/2016 outlines the procedures for managing lost and abandoned property in the Emirate of Dubai, providing clear definitions and guidance for proper handling. According to Article 2 of this law, terms such as lost property, abandoned property, owner of lost property, and finder are defined to ensure clarity and consistency in the application of the law. The procedures for reporting lost property are also specified, emphasizing the need for accurate documentation and proof of ownership of lost items. The competencies of the Dubai Police regarding lost and abandoned property are detailed in this law: The police are responsible for receiving complaints about lost property. They accept and store lost property in an appropriate location. Special records are maintained to document lost property, including its description, condition, date, time of finding, and location of discovery. The police are responsible for assessing the costs associated with the preservation, announcement, and disposal of lost property.

Executive Council Decree of Sharjah No. 10/2021: Dealing with Lost and Abandoned Property

Sharjah also has its own regulatory framework for the protection of property and the rights of owners, governed by the Sharjah Executive Council Resolution No. 10/2021. The law establishes procedures for dealing with lost and abandoned property in Sharjah: Finders of lost property in Sharjah must hand it over to the Sharjah police within 48 hours of discovery. They are prohibited from disposing of or retaining the property with the intent to claim it. Although the law in Sharjah does not specify a minimum holding period for lost property, the police have the right to dispose of lost property in certain cases, such as concerns about damage or destruction, or when the costs of storage and announcement exceed its value.

Owners' rights and the return of lost property in Sharjah

Owners of lost property in Sharjah have the right to reclaim their belongings before the police dispose of them. If the property has already been sold, the owners have the right to claim its value within a specified period.

Rights and rewards for finders in Sharjah

The law in Sharjah provides for the possibility of recognition and rewards for those who find lost property. Rewards or recognition are granted based on the decision of the authorized authorities.

Processing of lost property in other emirates

In addition to Dubai and Sharjah, all the emirates in the UAE have entrusted their police departments with the authority to manage and oversee lost and abandoned property. The police in each emirate play a central role in enforcing the laws and regulations governing the handling of lost property within their jurisdiction. In all emirates, police departments are appointed by competent authorities to ensure systematic and organized management of lost and abandoned property, respecting the rights of both property owners and finders.

Conclusion

Throughout the UAE, these laws and procedures ensure fair and systematic treatment of lost and abandoned property, respecting the interests of both property owners and finders.