The Private Property Agreement And Waiver serves as a crucial legal instrument in the UAE property market, designed to establish clear terms for property usage while incorporating specific liability waivers. This document is particularly relevant when parties need to formalize property access, usage rights, and risk allocation, while explicitly waiving certain rights or claims. It's commonly used in situations involving shared facilities, temporary property access, or special use arrangements. The agreement must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and relevant emirate-specific property regulations, including Dubai Property Law (Law No. 7 of 2006) where applicable. It includes comprehensive provisions for property identification, usage terms, maintenance responsibilities, and specific waiver clauses that protect both property owners and users.
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1. Parties: Identification of all parties involved, including full legal names, Emirates ID numbers, and addresses
2. Background: Context of the agreement, including property ownership history and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined in detail
4. Property Details: Comprehensive description of the property including location, size, and registration details
5. Ownership Rights: Clear statement of ownership rights and any limitations
6. Terms of Use: Specific conditions and restrictions on property use
7. Waiver Provisions: Detailed waiver clauses specifying what rights are being waived and the implications
8. Risk and Liability: Allocation of risks and responsibilities between parties
9. Insurance Requirements: Mandatory insurance coverage requirements
10. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction
11. Notices: Process for formal communications between parties
12. Execution: Signature blocks and execution requirements
1. Shared Property Provisions: Used when the property has multiple owners or users, detailing shared responsibilities and access rights
2. Maintenance and Repairs: Include when specific maintenance obligations need to be detailed
3. Access Rights: Required when there are specific provisions about who can access the property and under what conditions
4. Property Management: Include when a property manager or management company is involved
5. Subletting and Assignment: Used when transfer or subletting rights need to be addressed
6. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction
7. Force Majeure: Include when specific circumstances for contract suspension need to be addressed
8. Term and Termination: Include when the agreement has a specific duration or special termination provisions
1. Property Description Schedule: Detailed technical description of the property including plans, measurements, and boundaries
2. Title Documents: Copies of relevant property ownership documents and certificates
3. Photographic Schedule: Photos documenting the current condition of the property
4. Insurance Certificates: Copies of required insurance policies
5. Maintenance Schedule: Detailed maintenance requirements and schedules if applicable
6. Property Rules and Regulations: Specific rules governing property use and access
7. Form of Waiver: Detailed waiver form to be signed by relevant parties
8. Register of Authorized Users: List of individuals authorized to access or use the property
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