Neighbourhood Watch: Who owns the land outside boundary wall?

Many tenants may not be aware of the legal ownership of the land immediately outside the boundary wall of their villa.

The question of responsibility for this area often arises, especially in respect of new villas or compounds. The land is generally sandy and unfinished which, of course, adds little to the curb appeal.

It is always refreshing to see this area finished with interlocking tiles, making it more attractive and convenient for parking.

Such refurbishment is automatically assumed to be the responsibility of the landlord, and we, as property managers, are expected to see that this work is carried out.

While this seems to be a reasonable request, the land outside the boundary wall belongs to the municipality.

The owner of the property requires permission from the appropriate authority prior to utilising the area in any way, including general enhancement.

It should be noted that many tenants plant or interlock outside their villa without permission from the authorities.

This violation of municipal law seldom results in a cause of action, as it is understood that the work is undertaken for cosmetic reasons.

Nonetheless, the municipality has the right to disturb the area with impunity as they often do when laying pipes etc.

They can also ask for the interlocking to be removed.

Accordingly, when an owner is planning on interlocking the area around 20 villas, the expense is not justified unless the requisite permit is obtained.

Once the property is completed, the owner may initiate the permit process. Tenants should be aware that such additional expenditure is at the owner's discretion, and it is perhaps wise to ask the agent or owner if interlocking is contemplated.

It can be quite expensive and some owners have no interest in making this investment.

Many owners feel that it is as much the choice of the tenant to carry out this work.

In fact, a number of landlords are of the view that responsibility for this area should be treated in the same manner as the garden area. Arguably, it is up to the individual to decide how he or she wishes to live.

On the other hand, we, as agents or property managers, feel it is in the interest of the owner to bear the cost, as it is a permanent fixture and can only appreciate the value of the property.

Landlords vary widely in their views, and there is no commonality on this matter.

The issue is simply being raised in order to provide more information for people who are new to Dubai or who are generally unaware of the concern.

The writer is a UAE-based managing director of Better Homes LLC