Act 16
Land Act
1998
(2) The owner of land who wishes to sell the
reversionary interest in the land shall, subject to the provisions of
this section, give the first option of buying that interest to the
tenant by occupancy.
(3) Any offer made under this section shall be on a
willing buyer willing seller basis.
(4) Where an option to buy is offered to any party under
subsection ( l) or (2), the party who makes the offer must set out
the terms of the offer with sufficient detail and clarity for the
party to whom the offer is made to understand the offer and make
an appropriate response to it.
(5) A party to whom an offer to buy is made under
subsections (1) or (2) shall, within three months after the receipt of
the offer either refuse the offer or make such a response as will
enable meaningful negotiations to take place between the parties.
( 6) Either party to the negotiations to which subsection
(5) refers may at any time after three months have elapsed since
the negotiations commenced, refer the matter to the Mediator for
him or her to assist the parties to reach an agreement.
(7) Where the Mediator is unable, after three months of
negotiations, to assist the parties to reach an agreement on the
option to buy, he or she shall make a declaration to that effect,
and the party who made the offer of the option· to buy shall
thereupon be enabled to assign the tenancy by occupancy or, as
the case may be, sell the reversionary interest free of the option
to buy, to such other person as he or she thinks fit.
37. ( 1) A registered owner and a tenant by occupancy may
mutually agree that the land in which a tenant by occupancy has
an interest be subdivided in such portions as the parties may
agree with each party having exclusive occupancy or ownership
of such portions as may be agreed or that the parties become joint
proprietors of the land either as joint tenants or as tenants in
common, and where they agree to be tenants in common, the
shares of each in the land on such terms and conditions as they
may agre_e._
43
Mutual
agreement
between
tenant by
occupancy
and
registered
owner.
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