Institution of proceedings and parties thereto.
VK. L. 30, ASU
& 37
Vic, p. 40. 4. 9.1
14.1&32 VR. N. 40, L 9.1
(Cap. 4, nub. ke. O. 44. r. 39
39 & 40 Vig. c. 17, 3.
Partition of
property in land.
3.
(1) Where any property in land is held in the piander referred to in section 2, any person interested in such property may institute proceedings in the Court under this Ordinance by way of an action for partition or sale.
(2) Notwithstanding anything contained in subsection (l). where any property held in the manner referred to in section 2 is subject to any mortgage or charge, no proceedings under this Ordinance shall be instituted without the concurrence of the mort- gagee or chargee.
(3) Proceedings under subsection (1) may be instituted against one or more of the persons interested without serving the other or others, and no defendant may object for want of parties. but the Crown shall be a necessary party to the proceedings.
ן
(4) At the hearing of the proceedings the Court may direct such inquiries as to the nature of the property, the persons interested therein and such other matters as it thinks necessary or proper, and it may add any person as a party whose presence before the Court is considered desirable.
(5) Subject to subsection (6), every person interested in any manner shall be served with notice of the judgment or order of the Court, and the provisions of the Rules of the Supreme Court dealing with service of notice of judgment shall thereupon apply.
(6) Where it appears to the Court that notice in accordance with subsection (5) cannot be served or cannot be served without expense disproportionate to the value of the property, the Court may, if it thinks lit, by order-
(a) dispense with such service on any person or class of
persoas mentioned in the order: and
(b) direct notices to be published at such time and in such manner as it thinks fit, calling upon all persons claiming to be interested in the property and who have not been served, to establish their claims before the Court within a time specified in the notice.
and after expiration of the time specified, all persons claiming to be interested shall be bound by the proceedings as if they had been served in accordance with subsection (5).
4. (1) In any proceedings instituted under this Ordinance the Court may, subject to subsection (2), make an order for the partition of property in land in any of the following ways—
(a) into parcels held by single owners in severalty;
(b) into parcels held by two or more owners as joint
tenants;
3
(c) into parcels held by two or more owners as tenants in
common,
and may partition the property in all those ways or in any com- bination of them and give all necessary or proper consequential directions.
(2) Where there is a building on any land, the Court shall not partition the property in that land so that part only of a building stands on any parcel into which the property in the land is partitioned unless that part of the building is self-contained and is not connected to the remainder of the building otherwise than by a party-wall or a mutual staircase, or both.
(3) No order for partition shall prejudice any person other than a party to the proceedings.
5. The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application of any person interested or of its own motion, make an order under this section, which order may-
(a) apportion or adjust between the several parcels into which the property is partitioned any rights, obligations or liabilities in force in respect of the property:
(6) create, as between the several parcels into which the property is partitioned, or any of them, any casement, together with rights and obligations attaching thereto, and any order under this section shall have effect as if all necessary dispositions or agreements had been duly made for that purpose by all persons concerned.
6. (1) In any proceedings under this Ordinance, where it appears to the Court that a partition of the property would not be beneficial to all the persons interested by reason of-
(a) the nature of the land to which the proceedings relate: (b) the number of the persons interested or presumptively
interested;
(c) the absence or disability of some of the persons
interested; or
(d) any other circumstances,
the Court may make an order for the sale of the property.
(2) The Court may exercise its powers under subsection (1), notwithstanding the dissent or disability of any person interested
32 Hen. # c. 31, 1. 3.
Court may
apportion rights and obligations and create easements.
Sale of land. I. 31 & 32 VE 6. 40, s. 1.1