National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 1 · Co-proprietorship
343. Incidents of co-proprietorship
Feedback & supportWhere any land is vested in two or more persons or bodies as co-proprietors—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
their shares therein shall be deemed to be equal unless different proportions are specified in the memorial of registration;
they may at any time apply for the partition of the land under Chapter 2 of Part Nine, but, so long as their co-proprietorship continues, shall each be entitled to possession and enjoyment of the whole; and
on the death of any of them or, in the case of a body, its dissolution, the share to which he or it was formerly entitled shall not pass to the other or others, but shall devolve upon his personal representatives or, as the case may be, be disposed of in the like manner as its other assets.
346
The issue document of title to any such land shall, in the absence of agreement between the co-proprietors as to its custody, be retained by the Registrar.
issue document of title
“issue document of title” means any document prepared for issue to the proprietor of any land (whether under this Act or under the provisions of any previous land law), being a copy of, or an extract from, the register document of title relating thereto;
There may be issued to a co-proprietor of any such land upon application by him and upon payment of the prescribed fee therefor a copy of the issue document of title to the land bearing an endorsement dated and signed by the Registrar stating that the copy is issued to the co-proprietor named in the endorsement.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Where an application for a copy of an issue document of title is made under subsection (3), such copy shall not be issued unless and until the issue document of title is already in the custody of the Registrar under subsection (2), or is surrendered to the Registrar for retention by the Registrar, or the Registrar has obtained the delivery of the issue document of title for retention by the Registrar by notice to the co-proprietor or other person in whose possession or control it is at the time of the application under subsection (3).
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
Upon issuing a copy of the issue document of title under subsection (3), the Registrar shall make a memorial thereof on the register document of title to the land, showing the date of issue and the co-proprietor in whose name such copy is issued.
register document of title
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Such copy of an issue document of title may be used by the co-proprietor in whose name it is issued solely for the purpose of effecting any transfer, or creating any charge, or creating any lien under section 281, in respect of the undivided share of such co-proprietor in the same manner as an issue document of title may be used for the purpose of effecting such transfer or creating such charge or lien, and shall for such purposes be deemed to be an issue document of title in respect of the undivided share of such co-proprietor.
Where such copy of an issue document of title is presented for registration of an instrument of transfer of the undivided share of such co-proprietor, or of a certificate of sale in respect of such undivided share, the Registrar shall retain such copy and cause it to be destroyed upon completion of the registration of the instrument of transfer, or the registration of the certificate of sale, as the case may be, and make a memorial on the register document of title that such copy has been destroyed by him.
certificate of sale
“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);
347
National Land Code 509