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The rights of property co-owners
July 31, 2023
The right of ownership takes precedence over possession, unless it was acquired as a privilege or right and registered with the land registry
The right to own immovable property, and by extension co-ownership, is protected by Article 23 of the constitution and all co-owners have the same right to possession and enjoyment of a property as the others. As long as a co-owner’s rights are not limited by an agreement to grant possession to another and a right or privilege was not granted and registered with the land registry, based on the provisions of article 4 and 11(a) of the Immovable Property Law, Cap. 224, which refer to the right of enjoyment and lifetime possession, a co-owner cannot be evicted or excluded by another.