This idea brought alot of problem to Gaddaffi regime.
[SIZE=7]Property Claims in Post-Gaddafi Libya: Political Debates and Justice Seeking in the Aftermath of Law 4/1978[/SIZE]
In 1978, Mr O had plans for the land he owned in the centre of Tobruk, in the far east of Libya. It was more than 2000 square meters in size, and he managed to get a loan from the National Commercial Bank. His plans were, however, thwarted when, in the same year, the Gaddafi regime passed Law 4/1978 (from here on Law 4), under which it limited property ownership to one residence or plot of land on which to construct a residence for each male head of a household. The state appropriated Mr O’s land and assigned it to the Public Company for Markets to use it as a public supermarket. Even when the company was later dissolved, and the running of the supermarket was assigned to a private investor, Mr O did not manage to get his land back.
Employment invalidates occupation. As long as you prove you were paying the shamba boy , will be enough. I know a man whose shamba boy argued the same after he was fired. Shamba boy lost.
So,balance me here quick,kuna land nilibuy kitambo sana over 17years ago ,problem ni mother title ilikua bado inaongea. I havent been to the plot for the longest time. Kuna cesspit nilichimba then nikaweka ka mabati structure. Nilikua naogopa kudevelop ju bado niko na certificate ya land. Does that add up to anything,can i confidently develop with a cert bila kukujiwa na watoto wa wenye shamba?
Where did you get the certificate from? If you had a recorded transaction with the owners, you cannot claim adverse possession… but of course since you paid for it, you can lay claim or sue them for a refund (though this is too late now for civil matters – Limitation of Actions…)… You need to let us know how you acquired the certificate… was there a sale agreement for the plot?
Share cert is a receipt of payment. It’s not proof of ownership in court. Because you can’t lien a certificate. Think about the following scenario. Let’s say I sell you a plot. You somehow end up with a certificate. But since I have the title deed, I take a loan on it. I default on the loan. The Bank gets a judgment and puts a lien and effectively gets ownership. So who owns the land. You with the certificate, or the bank with the deed.
One cannot have both the title and certificate. When registering for the title, one has to surrender the certificate. I know this on a personal level and it’s in Kanairo.
The proof of ownership of a parcel of land is certificate of Title/ Title Deed and Indentures and other certificates issued by the ministry of land in accordance with the law… share certificates are not proof of ownership of land… but they are not entirely useless… they provide audit trail for such transactions but you must pursue the ownership documents as prescribed in law… a Sale agreement is more critical than the share certificate… especially if they indicate that they will issue you with the title deed within a specified period of time…
He means that you surrender to the land selling company that issued it… but it really does not matter because the Title Deed overrides the share certificate…
Court ruled having a title deed is not a proof of ownership of land. Pale kirinyaga unscrupulous people were working with athi cartels. Wanatoa title na wanaclaim land. Watu huko walikuwa wa oshwe ancestral lands. Ilibidii ukuwe una onesha kaburi za guka,cucu ama deceased parents. Ikiambatana na death certificate. Hivyo ndivyo that ratchet was defeated.
Ogopa kenya.
Fvck … I have 2acres in kakamega Town inherited from my old man but since I have been away a close family friend has been using it for the last 8years…hapa naeza chapa mtu risasi.