Long-lease structures in the UAE are not leases. Usufruct and musataha are real rights — they bind the land, survive a sale of the freehold, pass by inheritance and can be mortgaged. Since 1 June 2026 they sit at Articles 1234 to 1295 of Federal Decree-Law No. 25 of 2025, alongside easements.
Two provisions decide most disputes in this area. Article 1263(2) allows apparent easements — right of way, conduit and drainage — to be acquired by passage of time, which means neighbours can acquire rights over land nobody granted. And Article 1270 prevents the servient owner from making an easement more burdensome, including by relocating it.
Contents
1. Usufruct: Articles 1234 to 1252
Article 1234 defines usufruct as a real right for the usufructuary to use and exploit a thing belonging to another, while it remains in its state, for a specified period.
Three elements distinguish it from a lease and each has consequences:
- It is a real right, not a contractual one. It binds the property and survives a transfer of the freehold. A purchaser takes subject to it.
- The thing must remain in its state. The usufructuary exploits, but does not consume or transform.
- The period must be specified. Usufruct is not perpetual.
Article 1235 lists the means of acquisition: legal disposition, pre-emption, inheritance, or passage of time in accordance with the law. The inclusion of pre-emption connects this chapter to Articles 1171 to 1197 and their short two-month and six-month windows.
Article 1236 is a signpost worth following: usufruct over government land is regulated by its own legislation. A substantial share of long-term land interests in the UAE sits on government land, so the Civil Code chapter is frequently the general backdrop rather than the operative regime.
Who pays for what — Article 1240
The usufructuary bears, during the usufruct, all customary charges imposed on the thing and the expenses required for maintenance works, unless otherwise agreed. Non-customary charges are treated differently.
That default allocates ordinary running and maintenance costs to the holder of the right. The words "unless otherwise agreed" matter: in a structured transaction the cost split should be written, because the statutory default may not match the commercial bargain.
Use and habitation — Article 1252
The usufruct provisions apply to the right of use and the right of habitation so far as they do not conflict with the nature of those rights. Those are narrower personal rights, and the drafting should say which of the three is intended rather than leaving it to construction.
2. Musataha — the right of superficies: Articles 1253 to 1261
Musataha is the right to build on and use another's land, and it is the workhorse of UAE development structuring on land that is not sold freehold.
Article 1253 opens the Section with a subordination clause: its provisions apply unless special legislation provides otherwise. As with Article 1050 for common ownership, the first question is always whether emirate-level real estate legislation answers the point.
Article 1256 — transfer, assignment and mortgage
- 1256(1) — the musataha right transfers by inheritance or bequest. It is an estate asset.
- 1256(2) — assignment, or mortgage by security mortgage, is permissible with the consent of both parties and after registration of the disposition with the competent authority.
Both limbs of 1256(2) must be satisfied. Consent alone does not do it, and registration alone does not either. For a lender taking security over a musataha interest that produces a concrete checklist: the landowner's consent, the holder's consent, and registration — and then Article 1319, under which a mortgage binds third parties only from registration, and Article 1320, under which it secures only the registered amount.
Because the right is inheritable and mortgageable, it functions commercially much like a long-leasehold estate. But it is created, transferred and secured under these provisions and the applicable emirate legislation, not under the lease chapter at Articles 685 to 811.
3. Easements: Articles 1262 to 1295
Article 1262(1) defines an easement as a real right that limits the benefit of immovable property for the benefit of other immovable property owned by another person. Two properties, different owners, and a burden running with the land.
Article 1262(2) adds that an easement may be created on public property provided it does not conflict with the use for which that property was designated — relevant to access and services crossing public land in master-planned developments.
Article 1263(2) — acquisition by passage of time
Easements are acquired by legal disposition, inheritance or provision of law. Apparent easements, including the right of way, conduit and drainage, are acquired by passage of time.
This is the provision landowners and developers most need to know, because it creates rights nobody granted. Where access, a pipe, a cable run or drainage has been used openly over neighbouring land for long enough, the right can mature without any document.
The practical consequences:
- On acquisition, inspect for apparent use as well as searching the register. A right of way acquired by prescription will not appear in the title documents.
- For a landowner, tolerating a neighbour's access or services indefinitely is not neutral. Permissive use should be documented as permissive.
- The qualifier is "apparent". The route runs for easements that are visible in their exercise — a track, a conduit, a drain — rather than for rights whose exercise leaves no trace.
Article 1270 — the servient owner cannot make it worse
The owner of the servient property may not do anything that would reduce use of the easement or make it more burdensome. In particular, he may not change the existing situation, or substitute another place for the place originally designated.
That last limb defeats the common development move of relocating a neighbour's access to suit a new masterplan. Relocation requires agreement, not a unilateral decision, subject to whatever the remainder of Article 1270 provides.
4. How this is used in practice
| Objective | Instrument | Key provisions |
|---|---|---|
| Long-term right to occupy and exploit existing property | Usufruct | 1234 (real right, fixed term), 1240 (costs), 1236 (government land) |
| Right to build on another's land and hold the building | Musataha | 1253 (special laws prevail), 1256 (inheritance, assignment, mortgage) |
| Access, services, drainage across a neighbour | Easement | 1262 (definition, public property), 1263(2) (prescription), 1270 (no relocation) |
| Occupation only, personal | Right of use or habitation | 1252 (usufruct rules apply so far as consistent) |
| Contractual occupation, shorter term | Lease | 685–811, plus the emirate rent regime |
The choice is not stylistic. A lease is a contract and gives a personal right; usufruct and musataha are real rights that bind the land, pass by inheritance and can be secured. Where a party needs an interest that survives a sale of the freehold or supports finance, the lease chapter will not deliver it.
5. Checklists
Acquiring land
- Search the register and inspect. Article 1263(2) allows apparent easements — way, conduit, drainage — to arise by passage of time and they will not appear on title.
- Identify any usufruct or musataha affecting the land. These are real rights and you take subject to them.
- Check whether the land is government land; Article 1236 refers usufruct over it to separate legislation.
Granting or taking a musataha
- Start with Article 1253: does emirate legislation govern the point instead?
- For assignment or mortgage, obtain both parties' consent AND register — Article 1256(2) requires both.
- For a lender, follow through to Articles 1319 and 1320: the mortgage binds third parties only from registration and only up to the registered amount.
- Remember the right is inheritable (1256(1)) and belongs in estate planning.
Landowners and developers
- Document permissive access as permissive. Silent tolerance over time can mature into an easement under Article 1263(2).
- Do not relocate a neighbour's easement unilaterally; Article 1270 prohibits substituting another place for the one originally designated.
- Where services cross public property, confirm the easement does not conflict with the designated use (Art 1262(2)).
- In a usufruct, write the cost allocation; Article 1240's default puts customary charges and maintenance on the usufructuary only “unless otherwise agreed”.
Primary sources
Every provision quoted above is taken from the instruments below. Links go to the official consolidated text, not to secondary commentary.
- Federal Decree-Law No. 25 of 2025 issuing the Civil Transactions Law — usufruct 1234–1252, musataha 1253–1261, easements 1262–1295
- Dubai Land Department — registration of usufruct, musataha and long-term interests in Dubai
- UAE Ministry of Justice — laws and legislation — consolidated Arabic text, which governs over any English rendering
Questions we are asked
What is the difference between a lease and a usufruct in the UAE?
A lease is a contract and gives a personal right; usufruct is a real right. Article 1234 of Federal Decree-Law No. 25 of 2025 defines usufruct as a real right to use and exploit a thing belonging to another, while it remains in its state, for a specified period. Because it is a real right it binds the property, survives a transfer of the freehold, and a purchaser takes subject to it. Where a party needs an interest that survives a sale or supports finance, the lease chapter at Articles 685 to 811 will not deliver it.
Can a musataha right be mortgaged or assigned in the UAE?
Yes, on two conditions that must both be met. Article 1256(2) permits assignment of the musataha right, or its mortgage by security mortgage, with the consent of both parties and after registration of the disposition with the competent authority. Consent alone is not enough and registration alone is not enough. For a lender the sequence then continues into Article 1319, under which the mortgage binds third parties only from registration, and Article 1320, under which it secures only the registered amount. Article 1256(1) also makes the right transferable by inheritance or bequest.
Can a neighbour acquire a right of way without being granted one?
Yes. Article 1263(2) provides that apparent easements, including the right of way, conduit and drainage, are acquired by passage of time. Where access, a pipe, a cable run or drainage has been used openly over neighbouring land for long enough, the right can mature without any document and will not appear on the title. Buyers should inspect as well as search, and landowners should document permissive use as permissive.
Can a landowner move a neighbour's right of way?
Not unilaterally. Article 1270(1) provides that the owner of the servient property may not do anything that would reduce use of the easement or make it more burdensome, and in particular may not change the existing situation or substitute another place for the place originally designated. Relocating an access route to suit a new masterplan therefore requires agreement, subject to whatever the remainder of Article 1270 provides.
Who pays for maintenance under a UAE usufruct?
The usufructuary, by default. Article 1240(1) obliges the usufructuary, during the usufruct, to bear all customary charges imposed on the thing and the expenses required for maintenance works, unless otherwise agreed. Non-customary charges are treated differently. Because the default is displaceable, the cost split in a structured transaction should be written rather than left to the statute.
Does the Civil Code govern long-term land rights over government land?
Not on its own. Article 1236 provides that the provisions relating to usufruct over government land are regulated by the relevant legislation, and Article 1253 opens the musataha section by providing that it applies unless special legislation provides otherwise. Because a substantial share of long-term land interests in the UAE sits on government land or inside emirate real estate regimes, the Civil Code chapter is frequently the general backdrop rather than the operative regime.
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Published 2026-10-03. General information only — not legal advice. Contact us for matter-specific advice.