أسئلة وأجوبة
The ladder to the roof of the row of townhouses is on my property. Am I obligated to give access to the ladder?
I live in an end townhouse I own in Dubai.
The only ladder to the roof of the row of townhouses is on my property and there is no way of getting to the ladder without going onto my property.
This has led to lots of people entering my yard, opening the access to the ladder, and heading to the roof. The ladder is right next to my front door, and while it is in use it blocks the path to my door. No one has asked me if they can do this.
Am I required to give access to the ladder?
There is no clause in my title deed that shows it as an easement.
Can I deny them access?
If someone falls while using the ladder, am I liable for damages?
Dear questioner
As the title deed does not mention anything about the easement, then it is difficult to prove the implied easement right, however, they can point out it as the only access to their property and showcase it as a necessity.
The lack of easements in the title deed is a plus point, you need also enquire in the community rule books as well before removing the ladder.
It will be better to remove the ladder once a court order is obtained.
If you need further clarifications kindly share your Whatsapp number.
Dear Questioner,
Thank you for your inquiry.
Regarding your inquiry about the ladder on your property that provides access to the roof for the row of townhouses, here’s an analysis of the situation:
1. Access to the Ladder (Easement or Right of Way)
Since you mentioned that there is no specific clause in your title deed granting access to the ladder and no easement is recorded, you are not required to provide access to others for use of the ladder.
The absence of an easement means there is no automatic right for others to enter your property to use the ladder.
You can deny access to the ladder, as it is not stipulated as shared access in your property documents.
However, you may want to check with the property management or any community agreements in place to ensure there are no additional rules or obligations regarding shared access in your townhouse development.
2. Liability for Accidents or Falls
Regarding the potential liability, if someone were to fall while using the ladder, as the property owner, your responsibility typically extends to ensuring the safety of individuals who are allowed to be on your property.
However, if the individuals are entering without your permission (i.e., trespassing), your liability may be limited.
If you do not grant permission for others to use the ladder and they are simply entering your yard without consent, they could be considered trespassers, which reduces your liability for accidents.
However, if you have allowed access in the past, or if this is an ongoing practice that you have tolerated without objection, you may be viewed as having implied consent for their use of the ladder, which could increase your responsibility for their safety while on your property.
In light of this, if you are concerned about the safety risks, I would recommend clearly denying access to avoid potential issues in the future.
If you have any further questions or would like assistance in addressing the situation more formally, feel free to reach out. I'm happy to help.
Best regards,
Mohammed Salah
Legal Consultant
Dear Inquirer
We are pleased to serve you and address your inquiries.
The use of this ladder must be regulated and the provisions of the contract must be referred to as to whether it is of common benefit to the owners.
contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
From the explanation you have given it's confirmed there's no easement in your title deed granting others access to the ladder on your property.
This is a crucial point in your favor. In some jurisdictions, even without a written easement, a court might imply one if the ladder is the only way to access the roof and was likely intended to be used by all residents.
However, this is less likely if there are alternative (even if less convenient) means of access to the roof.
Check your community's rules and regulations (if applicable). There might be provisions regarding access to common areas or shared facilities, even if not explicitly stated in your title deed.
We will discuss the possibilities in detail even to obtain a court order in our favor. Kindly share your WhatsApp number to proceed with us.
Greetings.
The answer to your question depends on knowing the nature of the location of the stairs and whether it is located on your private property or in the joint ownership of the property according to the drawings of your property.
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can email, call, or WhatsApp us.
According to UAE law, if there is no clause in your title deed indicating an easement or access rights, you are not obligated to allow others access to the ladder. You can deny them access to the roof.
Regarding liability, if someone falls while using the ladder and it results from negligence or a failure on your part to ensure safety, you could be liable for damages.
Feel free to contact us via WhatsApp if you need further assistance. We specialize in these cases.
Thank you for reaching out with your query regarding access to the ladder on your property. I understand that this situation is causing some inconvenience, and I will gladly provide some clarity.
Firstly, without an easement or specific clause in your title deed granting others access to the ladder, you are not legally required to provide access to it.
Generally, unless there is an agreement or easement registered that grants others a right to use that portion of your property, you have control over who enters and uses it.
Therefore, you can refuse access to the ladder, as long as it does not infringe upon any other legal obligations, such as those related to shared ownership or communal rights that may exist within your townhouse community.
Regarding liability, should someone fall while using the ladder, there is a potential for liability if it can be shown that you were negligent in maintaining the property or failing to take reasonable steps to prevent such incidents.
For example, if the ladder is in disrepair or if you were aware of the danger but allowed access, there could be grounds for liability.
However, if the ladder is maintained properly and you take steps to deny access (for example, by securing the area), your responsibility may be limited.
To resolve this, I recommend securing the ladder and clearly posting a notice indicating that access to it is not permitted.
This would help protect you from future issues. You may also want to consult with a local property lawyer or HOA (if applicable) to ensure you’re in compliance with any community-specific rules that might apply.
If you would like to discuss this matter further or require assistance with legal steps to resolve the situation, please don’t hesitate to reach out to me directly.
I am available via WhatsApp or email.
I look forward to assisting you further.
Best regards,
Suhail Rana
