1987 Ed.]
Partition
{CAP. 352
5.
5.
Court may apportion rights and obligations of any person interested or create easements.
(1) The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application 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;
(b) create, as between the several parcels into which the property is partitioned, or any of them, any easement, 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.
(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings. (Added 19 of 1987, s. 5)
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.
(3) (a) Without prejudice to subsection (1), if any person interested in the property applies to the Court to make an order for the sale of the property instead of an order for partition, then, unless the other persons interested undertake to purchase the interest of the party applying for an order for sale, the Court may, if it thinks fit, make an order for the sale of the property.
(b) If an undertaking is given by the other persons interested, the Court may order a valuation of the interest of the person applying for an order for sale in such manner as it thinks fit.
(4) On making an order under subsection (1) or subsection (3), the Court may direct a distribution of the proceeds of the sale and give all other necessary or proper consequential directions.
(5) On a sale under this section the Court may allow any of the persons interested in the property to bid at the sale, on such terms as the Court deems reasonable as to-
Sale of land. [cf. 1868 c. 40, s. 3]
[cf. 1868 c. 40, s. 5]
1868 c. 40, s. 6,
1
1987 Ed.]
Partition
{CAP. 352
5.
5.
Court may
(1) The Court may, at any time after it has made an order under section 4 for the partition of the property, on the application apportion rights
and obligations of any person interested or of its own motion, make an order under
and create this section, which order may-
easements.
(a) apportion or adjust between the several parcels into which the property is partitioned any rights, obligations or liabili- ties in force in respect of the property;
(b) create, as between the several parcels into which the property is partitioned, or any of them, any easement, 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.
(2) In any proceedings under this Ordinance any order made under subsection (1) shall be served on the Director by the person having the conduct of the proceedings. (Added, 19 of 1987, s. 5)
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.
(3) (a) Without prejudice to subsection (1), if any person interested in the property applies to the Court to make an order for the sale of the property instead of an order for partition, then, unless the other persons interested under- take to purchase the interest of the party applying for an order for sale, the Court may, if it thinks fit, make an order for the sale of the property.
(b) If an undertaking is given by the other persons interested, the Court may order a valuation of the interest of the person applying for an order for sale in such manner as it thinks fit.
(4) On making an order under subsection (1) or subsection (3), the Court may direct a distribution of the proceeds of the sale and give all other necessary or proper consequential directions.
(5) On a sale under this section the Court may allow any of the persons interested in the property to bid at the sale, on such terms as the Court deems reasonable as to-
Sale of land. [cf. 1868 c. 40, s. 3.]
[cf. 1868 c. 40, s. 5.)
1868 c. 40, s. 6,
1
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