1
Law::
held in common; in undivided shres; held in undivided or sometimes indivisible shares; in common; in common with
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6
Law::
designated for common ownership : The condominium concept was not rooted in English common law and most condominiums in the United States are formed in accordance with specific state enabling statues. As defined by Uniform Condominium Act (§ 1-103(7), is: “Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common element are vested in the unit owners.” HCB. ● common property : Property held by two or more persons in common with each other; eg, as tenants in common. In Iran, ملك مشاع is landed property held in common with another owner in whatsoever proportion, and in that sense it is the opposite of ملك مفروز . It may be simply “undivided” but “divisible”, or it may be basically indivisible, for example because it is too small to be utilizable to advantage after division, or because it is practically indivisible due to its being one solid whole in the form of an apartment or house. If it should happen to be in the form of an apartment building it is usually divisible, each tenant being entitled to a number of units therein in proportion with his undivided shares. Portions of a condominium (ie an apartment building) such as hallways, stairways, open space, landscape, etc which may be used by tenants are not normally designated ملك مشاع but properly مشاعات and such portions of a condominium building are never divisible, whereas most large or relatively large lands, especially without improvements thereon, that are held in common by two or more persons are usually actually divisible wherefore they are properly called ملك مشاع or زمين مشاع
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