Subpart 5—Division of property among co-owners

339 Court may order division of property

(1)

A court may make, in respect of property owned by co-owners, an order—

(a)

for the sale of the property and the division of the proceeds among the co-owners; or

(b)

for the division of the property in kind among the co-owners; or

(c)

requiring 1 or more co-owners to purchase the share in the property of 1 or more other co-owners at a fair and reasonable price.

(2)

An order under subsection (1) (and any related order under subsection (4)) may be made—

(a)

despite anything to the contrary in the Land Transfer Act 2017; but

(b)

only if it does not contravene section 340(1); and

(c)

only on an application made and served in the manner required by or under section 341; and

(d)

only after having regard to the matters specified in section 342.

(3)

Before determining whether to make an order under this section, the court may order the property to be valued and may direct how the cost of the valuation is to be borne.

(4)

A court making an order under subsection (1) may, in addition, make a further order specified in section 343.

(5)

Unless the court orders otherwise, every co-owner of the property (whether a party to the proceeding or not) is bound by an order under subsection (1) (and by any related order under subsection (4)).

(6)

An order under subsection (1)(b) (and any related order under subsection (4)) may be registered as an instrument under—

Compare: Partition Act 1539, 31 Hen 8, c 1 (Imp); Partition Act 1540, 32 Hen 8, c 32 (Imp); 1952 No 51 ss 140–143

Section 339(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 339(6)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 339(6)(c): amended, on 24 May 2013, by section 65 of the Crown Minerals Amendment Act 2013 (2013 No 14).