The following issues in regard to partition of property could arise: 1. Properties owned in common by several persons in respect of which a partition action in the District Court was pending at the commencement of the conflict. 2. Properties owned in common by several persons used and enjoyed by the several owners in separate divided allotments without a proper partition being made either by deed or by a court decree. 3. Properties owned in common by several persons but occupied and enjoyed by one co-owner either with or without the consent of the other co owners. 4. Properties formerly owned by one person, who had died during the conflict period, and the property has now passed to several heirs either on testacy or intestacy. 5. Properties, which became co-owned by the several methods (either by purchase, gift, succession etc.), but now occupied by a third party. Due to the non-functionality of courts, pending partition cases may have abated. Interlocutory decrees could have been entered, but final partition plan could not have been made as a result of the conflict. Further steps to complete the pending cases could not have been possible due to one or more parties to the partition action being displaced. Though parties were holding a common property in separate allotments they, now being displaced, are unable to occupy the divided allotments due to the destruction of boundaries and/or outsiders now occupying the properties. One co-owner may be in exclusive occupation of the property while other co-owners are either displaced or are refugees. Several heirs could have become owners of a property by succession, but have not entered into possession either individually or jointly. Trespassers may be occupying a common property. Heirs to a property may have no any knowledge of the property and/or any knowledge of the pending partition cases. In analyzing whether existing laws adequately address these issues, the following may be noted: The statutory provisions of the Partition Act and its amendments entitle a person to obtain superior title to a parcel of land free from all encumbrances (except those spelt out in the decree), provided all proper procedures had been followed and a final partition decree entered. A partition decree will, therefore, settle all property disputes and section 52 of the Act specifically empowers the decree holder to seek eviction of any person who is in occupation (except a tenant who is entitled to be heard) from the allotment of land. Even if the land does not have a survey plan, a partition action requires two surveys to be made (preliminary survey and final survey) and, hence, the identification of the parcel of land would be complete when a partition action is filed. The registration of lis pendens11 in the correct folio is a pre-requisite for the issue of summons in a partition action. It is possible, however, that the correct folio at the land registry may not be available or may be destroyed due to the conflict. In such situations we recommend that a certificate to that effect from the Registrar of Lands and registration of lis pendens in a new folio should suffice for the issue of summons. We also recommend that a separate lis pendens register be maintained at the Land Registry in order to give the public notice of pending partition actions. 11 A notice registered in the relevant folio of the Land Registry that a court action is pending 19