Principle

LAND LAW — Communal Land — Burden of Proving Partition Lies on Party Asserting It

Area of law: LAND LAW
Court: Supreme Court

The burden of proving partition of communal land rests on the party asserting it. Without proof of partition, individual members have no alienable distinct interest. The principle applies to land law. The rule protects communal ownership from unilateral alienation. The party claiming a partitioned share…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in