Partition of land owned in common

(1) An application for partition of the land owned in common may be made in the prescribed form to the Registrar by the trustees for sale named on the register, and subject to this Act and to any other law by or under which minimum areas or frontages are prescribed or the consent of any authority to a partition, or a certificate of tax paid is required, the Registrar shall effect the partition of the land in accordance with such (2) Where for any reason the land sought to be partitioned is incapable of partition or the partition would adversely affect the proper use of the land, and a demand is made by the applicant or one or more of the owners in common that the land or any share or shares in the land be sold, the Registrar shall, in default of any agreement between the owners in common, value the land and the shares of the owners in common and order the sale of the land or the separation and sale of such shares by public auction, or make such other order for the disposal of the application as he thinks fit. (3) An owner in common shall be entitled to purchase the land or any share so offered for sale, either upon bid accepted at the auction or at any time by private treaty. 71 (4) Where the land sought to be partitioned is capable of partition generally, but the resulting share of any particular owner in common would be less in area than any minimum prescribed by or under any written law and any consent permitting the avoidance of that law cannot be obtained, the Registrar shall add such share to the share of any other owner or distribute such share amongst two or more other owners in such manner and in such proportions as, in default of agreement, he thinks fit. (5) Where the Registrar proceeds in accordance with sub- section (4), he shall assess the value of the share added or distributed and shall order that there be paid to the owner of the share by each owner who has received an addition to his share the value of such addition. (6) Where any sum is payable under sub-section (5) by any owner in common to any other owner in common, the Registrar may order that such sum be secured by way of charge on the share of the person liable to pay it. (7) Partition shall be completed by closing the register of the parcel partitioned and opening registers in respect of the new parcels created by the partition and filing the instrument. Land Instruments and Agents, etc.