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Land Swapping Agreement

Land Swapping Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Land Swapping Agreement

"I need a Land Swapping Agreement to exchange my commercial plot in Dubai Silicon Oasis with a government-owned industrial plot in JAFZA, with completion planned for March 2025; the agreement needs to include provisions for value difference payment as the government plot is worth more."

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Document background
The Land Swapping Agreement is a specialized contract used in the United Arab Emirates when two or more parties wish to exchange ownership of real estate properties. This document type is particularly relevant in the UAE's dynamic real estate market, where property exchanges are common for strategic development, portfolio optimization, or urban planning purposes. The agreement must comply with UAE Federal Laws, individual Emirate regulations, and local municipality requirements. It typically includes detailed property descriptions, valuation mechanisms, transfer procedures, and necessary warranties. Land Swapping Agreements are particularly important in UAE's development-focused economy, where master planners and developers frequently need to reorganize land holdings to optimize development potential. The document must address specific UAE requirements such as property registration with relevant land departments, foreign ownership restrictions where applicable, and compliance with Islamic finance principles.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, brief description of the properties to be exchanged, and the parties' intention to swap

3. Definitions: Key terms used throughout the agreement, including property definitions, completion date, and relevant technical terms

4. Properties Description: Detailed description of both properties including exact locations, dimensions, title details, and current usage

5. Exchange Terms: Core terms of the swap, including the basis of exchange and any monetary adjustments

6. Completion Requirements: Conditions precedent, documents required, and steps to be taken for completion

7. Registration and Transfer: Process for registering the transfer with relevant authorities and transferring title

8. Representations and Warranties: Parties' confirmations regarding property ownership, authority to transfer, and property condition

9. Risk and Insurance: Allocation of risk and responsibility for insurance before and after completion

10. Costs and Taxes: Allocation of transaction costs, registration fees, and applicable taxes

11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

Optional Sections

1. Valuation Adjustment: Required when properties have different values, specifying payment of the difference

2. Tenant Provisions: Required when either property is subject to existing tenancies, addressing handover of tenancy contracts

3. Mortgage Provisions: Required when either property is subject to existing mortgages, addressing discharge and refinancing

4. Development Obligations: Required when either property has ongoing or planned development requirements

5. Environmental Matters: Required when properties have specific environmental considerations or requirements

6. Service Contracts: Required when properties have ongoing service contracts that need to be transferred or terminated

Suggested Schedules

1. Property 1 Details: Detailed technical description, plans, and title documents for first property

2. Property 2 Details: Detailed technical description, plans, and title documents for second property

3. Title Documents: Copies of title deeds and registration certificates for both properties

4. Property Plans: Official survey plans and maps of both properties

5. Existing Contracts: List and copies of any relevant existing contracts affecting either property

6. Form of Transfer Documents: Templates of documents required by Land Department for registration

7. Completion Checklist: List of actions and documents required for completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property 1
Property 2
Completion Date
Completion
Consideration
Effective Date
Encumbrance
Land Department
Municipality
Party/Parties
Permitted Use
Title Deed
Transfer Date
Valuation
Registration Fee
Relevant Authority
Property Laws
Due Diligence Period
Business Day
Completion Documents
Development Approvals
Material Adverse Change
Outstanding Liabilities
Warranties
Transfer Instruments
Registration Requirements
Affection Plan
Site Plan
Property Handover
Existing Tenancies
Service Contracts
Property Documents
Condition Precedent
Force Majeure Event
Sharia Compliance
EJARI Registration
NOC
Title Investigation
Swap Value
Clauses
Definitions
Interpretation
Exchange of Properties
Consideration
Title and Ownership
Conditions Precedent
Completion Obligations
Registration Requirements
Representations and Warranties
Property Condition
Due Diligence
Valuation
Payment Terms
Transfer Process
Risk and Insurance
Existing Tenancies
Property Handover
Costs and Taxes
Environmental Compliance
Regulatory Compliance
Land Use and Zoning
Encumbrances
Default and Termination
Force Majeure
Notices
Confidentiality
Assignment
Entire Agreement
Amendments
Severability
Governing Law
Dispute Resolution
Language
Counterparts
Further Assurance
Time of Essence
Relevant Industries

Real Estate

Property Development

Construction

Infrastructure

Education

Healthcare

Industrial

Hospitality

Government and Public Sector

Urban Planning

Agriculture

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Development

Operations

Compliance

Asset Management

Investment

Facilities Management

Project Management

Relevant Roles

Real Estate Director

Property Manager

Legal Counsel

Development Manager

Land Acquisition Manager

Asset Manager

Chief Executive Officer

Chief Operating Officer

Portfolio Manager

Urban Planning Director

Facilities Manager

Project Director

Real Estate Investment Manager

Property Development Director

Compliance Officer

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Fundamental law governing contracts, property rights, and ownership transfer. Articles 1278-1296 specifically deal with property ownership and transfer.
UAE Property Registration Law (Federal Law No. 13 of 2008): Regulates the registration of real estate transactions and property rights in the UAE, including the procedures for transferring ownership.
Dubai Land Department Law No. 7 of 2006: Specific to Dubai, governs land registration and real estate transactions, including the requirements for property transfer and registration.
Foreign Ownership Decree (UAE Federal Decree-Law No. 2 of 2009): Regulates foreign ownership of real estate in the UAE, defining areas where foreigners can own property and relevant restrictions.
UAE Local Order No. 2 of 2012: Concerns land classification and zoning regulations that may affect the permissible use of swapped properties.
Law No. 3 of 2006 Determining Areas for Ownership by Non-UAE Nationals: Specifies designated areas where non-UAE nationals can own real estate, relevant when parties to the swap include non-nationals.
Federal Law No. 6 of 2020 on Notary Public: Governs the authentication and notarization requirements for property transfer documents and agreements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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