The discrepancy between the owners of land and superstructure and their suit against each other
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2012, Vol 3, Issue 12
Abstract
When the ownership of land and superstructure of a property each belongs to different people, none of the owners can obligate the other to divide or sell the property. If the land owner be the occupier of the superstructure too, the claim of dispossession by owner of the latter against owner of the former (land) will be correct; but the claim of dispossession against owner of superstructure will not be accepted. However, both land and superstructure will be occupied by the possessor of superstructure, unless the said owners make another agreement; the owner of land shall demand adequate payment of his property from the owner of superstructure, in return.
Authors and Affiliations
Shahram Sabri| Department of Humanities, Bilesavar Branch, Islamic Azad University, Bilesavar, Iran
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