A house built on another person’s land does not automatically make the resident or builder the owner of that land. When planning an inheritance, check ownership of the building, rights to the land, and any registered interests separately.
Check the key documents
Review the land title or other evidence of land rights, the building permit and records showing who owns the structure, and the agreement that allows use of the land. That agreement could be a lease, a superficies right, or a family arrangement. Do not infer ownership solely from who paid for construction.
Confirm the registered rights with the Land Office
Ask whether any rights or encumbrances have been registered and which documents apply to that type of land. The Department of Lands publishes procedures for different registrations, but the documents for the specific parcel determine what can be done.
Plan how the property will be passed on
List the landowner, building owner, people who may use the property, the end date of any agreement, and outstanding costs. Have a qualified professional review the agreement and will before transferring rights or adding to the building.
Official information
- Department of Lands: Public guides for land registration and surveying
- Department of Lands: Registering a superficies right