The Legal Organization Issues of Ownership of Floors and Apartments in Yemeni Civil Law and Their Effects: A Comparative Study

Abstract

#The Yemeni legislator has limited the regulation of floor ownership to the known system in Islamic jurisprudence, which is the system of lower and upper ownership. This system is based on the premise that both the owner of the lower floor and the owner of the upper floor have complete ownership of their respective floors, including walls, floors, ceilings, windows, and doors. There are no jointly owned parts in the building between the owner of the lower floor and the owner of the upper floor. Instead, joint ownership of the building is considered a form of neighborly relationship, and the relationship between them is regulated based on determining the rights and obligations of each owner.

While the lower and upper ownership system represents an interpretation by Islamic jurisprudence in light of the economic and urban conditions prevalent during a certain stage of development in Islamic and Arab societies, this system no longer aligns with the modern representation of the legislation regarding ownership of floors and apartments. The modern legislation aims to align with the urban development and massive architectural structures constructed according to the principles of modern architecture, which have a shared concrete structure owned by all the property owners. The concrete foundations, main walls, and primary structure of the property become indivisible and shared by all owners, making it difficult to conceive of the property as separate units with distinct ownership.

Furthermore, the system of ownership of floors and apartments aligns with the state of large buildings composed of numerous floors and apartments. The building is divided into separate parts, namely floors and apartments, each having an independent owner. Other parts are commonly shared, such as the building structure encompassing land, main walls, foundations, entrances, roofs, stairs, elevators, water and electricity installations, and air conditioning systems, among other facilities.

Currently, ownership of floors and apartments represents a significant form of real estate ownership and is widespread among communities. It serves as a fundamental means for a wide segment of the population to obtain housing, especially for those who lack the financial capacity to individually own an entire building. Most Arab legislations have adopted this modern representation of ownership of floors and apartments alongside the specific provisions of the lower and upper ownership system. Each of these systems faces unique challenges based on the nature of the building. The legal system of apartment and floor ownership addresses large buildings consisting of numerous floors and apartments, while the lower and upper ownership system applies to buildings with two floors.

The Yemeni legislator should not overlook this legislative development that aligns with modern urban development and should focus on regulating the ownership of floors and apartments, which has increasingly spread in our country since the 1980s due to social and economic circumstances and population growth. The legislative shortcomings in this type of ownership have led to numerous disputes among property owners related to property management, the use of their units, and disputes concerning shared property facilities.