Partition Agreements To Transfer Jointly-Owned Land

Joint owners of a piece or pieces of land may want, or need, to redistribute the land among themselves and so become individual owners of a defined portion of that land (or of a sectional title unit) in their own names. This can be done in terms of section 26 of the Deeds Registries Act and a partition agreement.

To be able to effect a redistribution by way of a partition agreement the joint owners must each own an undivided share of the land they wish to partition. The agreement must apportion a defined piece of that land to each of the joint owners and may not simply be an agreement to redistribute their respective shares in the land among themselves. All the owners must be parties to the agreement.