Expert Power of Attorney Services for Property Disputes

A Property Dispute POA is a legal document that lets your chosen representative handle specific property-related issues in the UAE on your behalf. These issues usually involve disagreements or legal battles (disputes) over a property.

Think of it as giving your trusted person a legal pass to stand in for you. This means they can:

• Communicate with government departments like the Land Department.
• Deal with real estate developers.
• Represent you in front of the courts or police if needed.
• Appoint lawyers on your behalf to fight your case.

This type of POA is specific. Unlike a General Power of Attorney, it only gives powers for property disputes, not for all your other affairs. It’s a focused tool for a specific problem. It is also a type of Personal Power of Attorney as it relates to your assets (property).

Having a property dispute POA is not just convenient; it's often essential for several reasons:

• You're Not in the UAE: If you live outside the UAE, it's tough to manage a property dispute directly. A POA allows someone physically present to handle meetings, sign papers, and attend hearings for you.
• Saving Time and Money: Traveling to the UAE for every step of a dispute can be costly and time-consuming. A POA lets your representative handle everything locally on your behalf, saving you time and money.
• Local Knowledge: Your Agent can be someone who understands UAE laws and procedures, especially if they are a local lawyer or legal expert, like the team at Safeledger. This is key to effective property dispute resolution.
• Legal Standing: Without a POA, government offices, courts, or even a property dispute lawyer might not allow someone to represent you. In Dubai and most Emirates, legal bodies like the Rent Dispute Centre require a notarized, and if needed, UAE-attested, POA for third-party representation.
• Reliable Handling: Knowing that your property dispute is being handled professionally and legally, even when you're far away, brings great peace of mind.

A property dispute POA is needed in many situations where there's a disagreement over property. Here are some common examples we help with:

1. Off-Plan Property Disputes

This happens when you buy a property that hasn't been built yet (off-plan), and there are problems. For example:

• The developer delays the project for too long.
• The developer changes the plans without telling you.
• The quality of the construction is poor.
• You want to get your money back from the developer.

Delays in handover or refusal to refund due to contract breaches are also common legal complaints filed with RERA or the court

2. Landlord-Tenant Disagreements

These are common issues between landlords (property owners) and tenants (people renting the property):

• Problems with rent payments or increasing rent.
• Disputes over maintenance or property damage.
• Issues with ending a rental contract early.
• Eviction cases where either side disagrees with the reasons.

3. Inheritance and Ownership Conflicts

These disputes often happen within families or among co-owners:

• Disagreements over who owns a property after someone passes away.
• Challenges to property ownership rights.
• Disputes over how shared property should be managed or sold, common in families. If there's no registered will, the case may go to the Personal Status Court under Sharia law.

4. Construction and Contractor Issues

When you're building or renovating a property, problems can arise with the people doing the work:

• Contractors are not finishing work on time.
• Poor quality work by the builder.
• Disputes over payments to contractors.

5. Title Deed and Registration Problems

The title deed is the most important document proving you own a property. Problems here can be serious:

• Errors or mistakes on your property's title deed.
• Issues with registering your property correctly with the Land Department.
• Concerns about fraudulent (fake) property transactions.

In all these cases, a power of attorney for property ownership disputes gives your agent the legal authority to tackle these issues on your behalf.

To create a Property Dispute POA in the UAE, you'll need specific documents for both the person giving the power (the "Principal") and the person receiving it (the "Agent").

For the Principal

These documents help establish your identity, property ownership, and the scope of authority you wish to grant.

• Valid Passport Copy: Clear copy of your passport, showing your photo, personal details, and signature.
• UAE Visa Page Copy & Emirates ID Copy: If you are living in the UAE.
• Contact Information: Your full address, phone number, and email.
• Specific Property Details:
  • Copy of the Title Deed (Mulkia) of the property involved in the dispute issued by the emirate’s land authority.
  • Any relevant agreements, like a Sale and Purchase Agreement (SPA) or Tenancy Contract, if applicable to the dispute.
  • Any court papers or official letters related to the dispute.
• Specific Instructions: Clear details about the dispute and what powers you want to give to your agent.

For the Agent (The Person Receiving the Power)

These documents confirm the identity and residency status of the person authorized to act on your behalf.

• Valid Passport Copy: A Clear copy of their passport, showing their photo, personal details, and signature.
• UAE Visa Page Copy & Emirates ID Copy: If they are residents of the UAE.
• Contact Information: Their full address, phone number, and email.

Important Note: For Property Dispute Power of Attorney notarization and attestation, all documents must be clear and legible. If any documents are not in Arabic, they will need an official translation by a UAE Ministry of Justice-approved legal translator.

A property dispute POA is a specific legal document, meaning it lists the exact powers you give to your Agent. This protects you and ensures your Agent acts only within those limits.

Powers Granted: Authorised Actions for Your Case

Your Agent, under a properly drafted POA, can typically:

• Represent You Legally: Appear on your behalf before government bodies (like the Dubai Land Department or RERA), courts, police, and arbitration centers.
• Appoint and Manage Lawyers: Hire, dismiss, and oversee property dispute solicitors or lawyers to represent your case.
• File and Withdraw Cases: Start legal cases, file complaints, or withdraw them if a solution is found.
• Negotiate and Settle: Talk and agree on solutions (settlements) for the dispute.
• Sign Documents: Sign any legal papers, agreements, or court documents related to the dispute.
• Collect and Provide Documents: Get and give the necessary documents for the case.
• Receive Notices: Accept official letters and notices on your behalf.

For example, a power of attorney for residential property disputes would allow your agent to handle issues concerning your apartment or villa, while another for commercial property disputes would focus on your office space or shop. A POA for family property disputes would give specific powers to deal with inheritance or co-ownership issues.

What a Property Dispute Power of Attorney (POA) Cannot Do?

A property dispute POA is strictly limited in scope. It only allows your appointed agent to handle matters related to a specific legal dispute over your property. Here’s what it cannot authorize unless separately and explicitly mentioned in another POA:

• No Power to Sell or Transfer Property
  The agent cannot sell, mortgage, gift, or transfer your property unless those powers are granted in a separate, specific POA. For handling such situations, you can create a dedicated power of attorney transfer of property that legally allows someone to manage ownership changes and related transactions on your behalf.
• No Power to Rent or Lease the Property
  Leasing or renting out the property is not allowed under a standard dispute-related POA.
• No Access to Your Personal Bank Accounts
  The agent cannot manage or withdraw money from your personal or business bank accounts unless a separate financial POA is issued.
• No General Authority
  The POA is limited to the dispute mentioned in the document. Any action outside the defined legal issue is not valid or enforceable.
• You Can Revoke It Anytime
  The person who issued the POA (the Principal) can cancel it at any time by visiting the Notary Public, provided the dispute hasn't reached an irreversible stage in court.

These limitations ensure your property and rights remain protected while allowing your agent to act only where legally necessary.

Getting a Property Dispute POA in the UAE involves a few important legal steps. Here's a complete breakdown to help you do it correctly:

Step 1: Choose the Type of POA

Decide if you need a General POA (covers many legal powers) or a Special POA (only for property dispute matters). For property disputes, a Special POA is usually recommended, which limits the agent’s power and keeps your rights safe.

Step 2: Draft the POA

Get the POA written by a legal expert. It should clearly include:

• Your name (the Main Person or Principal)
• Your agent’s name (the person you are authorizing)
• Purpose of POA (e.g., handling a specific property dispute)
• Clear limits of power, no right to sell unless specifically mentioned

Drafting should be done in both English and Arabic, or translated officially into Arabic, as required by UAE courts.

Step 3: Translate the Document (If Needed)

If your POA was drafted in English or any other language, it must be:

• Translated into Arabic by a certified translator
• Stamped by the translator
• Verified by the UAE Ministry of Justice for legal use in court

Step 4: Notarize the POA

You must notarize the POA at the Notary Public Office in the emirate where the property or dispute exists (e.g., Dubai, Abu Dhabi, Ajman).

You can do this:

• In person at the Notary Public's office
• Online via video call (available in many Emirates, like Ajman and Dubai)

Make sure to carry:

• Original passport and Emirates ID
• Draft POA
• Agent's details (and ID, if possible)

Step 5: Attest the POA (If Signed Outside UAE)

If you’re signing the POA outside the UAE, it must be attested through:

1. Your home country’s Ministry of Foreign Affairs
2. UAE Embassy in your home country
3. UAE Ministry of Foreign Affairs (MOFAIC) after arrival in the UAE
4. Legal Translation into Arabic after attestation

Only after these steps will the POA be accepted in UAE courts.

Step 6: Use the POA for Legal Action

Once notarized and attested (if applicable), your agent can use the POA to:

• Represent you in property dispute cases
• Communicate with courts, authorities, and developers
• Sign court papers on your behalf

Make sure your agent carries a copy of the notarized POA when dealing with any government or legal matter.

If you want to avoid errors or delays, it's best to consult with a POA service provider like SafeLedger.

Understanding the costs involved in getting a property dispute POA is important.

Please note that fees for property dispute solicitors or lawyers, if your agent appoints one using the POA, would be separate costs. These property dispute lawyer fees can vary based on the complexity of the case (hourly rate, fixed fee, or percentage).

Get a Clear, No-Obligation Quote from Safeledger. Because each Property Dispute Power of Attorney situation is unique, we provide customized quotes.

Contact Safeledger today for a free, no-obligation quote. We will break down all the costs involved so you know exactly what to expect. We aim for full transparency in our property dispute POA costs.

Understanding how long your property dispute POA is valid and how you can manage its renewal it is crucial.

How Long is a Property Dispute POA Valid For?

In the UAE, the validity of a specific POA, like one for a property dispute, typically lasts:

• Until the Task is Completed: The POA remains valid until the specific property dispute it was created for is resolved (e.g., the court case is finished, settlement reached).
• For a Specific Timeframe (if stated): You can also choose to state an expiry date in the POA itself (e.g., valid for 1 year).
• Until Revoked: You can cancel the POA at any time, as long as you are mentally capable.
• Upon Death: The POA automatically becomes invalid if the Principal (you) or the Agent passes away.

If the dispute continues beyond the expected timeframe or if you wish to change agents, you might need to create a new POA.

How Do You Renew a Power of Attorney?

For a specific POA, like a property dispute POA, if the dispute is ongoing and the initial POA expires or the powers are no longer sufficient, you would typically draft and notarize a new POA. This new POA would replace the old one and grant fresh powers. It's not a "renewal" in the sense of extending the same document, but rather issuing a new, updated one.

How to Revoke or Cancel a Power of Attorney?

You always have the right to cancel or revoke a Property Dispute Power of Attorney at any time, as long as you are mentally competent. This ensures you maintain control over your affairs.

The process to revoke a POA generally involves:

1. Drafting a Revocation Document: A formal legal document stating your clear intention to cancel the previous POA. This document should mention the details of the original POA (date, parties involved).
2. Notarization: This revocation document must also be signed and notarized by a Public Notary in the UAE. If you are outside the UAE, the same attestation steps (local notary, MFA, UAE Embassy, UAE MOFA) would apply. This is part of the cancellation of the Property Dispute Power of Attorney procedure.
3. Notifying the Agent: It is extremely important to immediately inform your Agent (the person whose power is being cancelled) in writing.
4. Notifying Relevant Third Parties: You must also notify any banks, courts, government departments (like the Land Department), or other parties that previously received a copy of your original POA. This prevents your former agent from continuing to act on your behalf.

By following these steps, you ensure that the cancellation of the Property Dispute Power of Attorney is legally effective.