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Old 1st August 2006, 18:53   #1 (permalink)
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shared land

does anyone know if it`s shared land, does the owner of the smaller part have the same rights as the other.
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Old 1st August 2006, 20:32   #2 (permalink)
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Re: shared land

don't quite understand your question, maybe you need to give more details?

I mean if you have big land and small land, then how come they are shared ownership, if you mean a percentage share then I assume the more you own more rights you have.

But also depends on what rights you are referring to, so answer to your question is it depends.
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Old 2nd August 2006, 14:57   #3 (permalink)
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Re: shared land

hi mushtaq

sorry for not making myself clear. what it is, we own 4 parts of 28. and the other guy owns 24 parts, on my tapu the square metre of the full 28 parts is shown. and us as having 4 parts of this wich is 800sq mtrs I have been told even though we own the smaller part, we have the same rights as him, eg. if i want to build etc.etc. i have to have his permission, and the same for him, he has to ask my permission. I would like to know if this is true, have i the same say as he has.
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Old 2nd August 2006, 21:58   #4 (permalink)
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Re: shared land

I asked my colleague's advice on this and I think more information is needed on the tapu and what exactly you have, maybe a copy of the tapu might help?

Not sure if you own a 4 defined plots or 4/28th share of the land, if latter then you have more problems because you don't know which part of the land is yours. It appears that it's a messy thing to sort out, the best solution would be to parcel the land, but could be costly.

Maybe sell your share or buy the other partner out?
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Old 2nd August 2006, 23:19   #5 (permalink)
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Re: shared land

thanks Mushtaq

you are right, we own 4/28th of the land, and we have been trying for two and a half years to get him to come to a descision on the boudry, but for some reason he will not do this. the other land owner is a big developer. we also have two little cottages on our land (or what we call our land) these are not registered, but we have been told that they have been there for that long, that they can not pull them down, is this true and will that make a difference. thank you for your help
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Old 3rd August 2006, 00:04   #6 (permalink)
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Re: shared land

I think you need the services of a local town planner because I am not really qualified to give you much advice on this.

Sounds to me you have some farm land, with some buildings on, which means that's about all you can have on there, the problem is without a decent contract stating which part of the land you actually own, there is very little you can do.

As you said you only own a 4/28th of the land, this really only comes into effect once something is done like selling or parceling of the land, in the meantime you are stuck with your partner.
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Old 3rd August 2006, 18:02   #7 (permalink)
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Re: shared land

sorry to trouble you again Mushtaq, once again you are right, this was the case untill recently, but they are now going to put in new roads and we have been told we can build on 10 percent of our land by the planners. this is why we need our boundrys marking, and as i said in my last post for some unknown reason he will not do this, do you know if he can sell the land without our permission. sorry you are getting the story in bits and pieces, we really appreciate any help we can get. thanks once again.
p.s. is it possible to parcel of our land without his permission.

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Old 3rd August 2006, 18:25   #8 (permalink)
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Re: shared land

I came across something similar recently and this is how it was explained to me - in this case it was owned by 8 family members: the division is a percentage and does not represent any particular sections/parts of the land; the land can not be sold without everyone agreeing.
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Old 3rd August 2006, 19:08   #9 (permalink)
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Re: shared land

I dont think they can do anything without every owner's permission.
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Old 3rd August 2006, 19:28   #10 (permalink)
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Re: shared land

thanks for your help
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