Acts and Regulations

Rule-67 - PROCEEDINGS FOR PARTITION OR SALE

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Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 67
PROCEEDINGS FOR PARTITION OR SALE
67.01How Commenced
A proceeding to compel the partition or sale of land or an estate or interest therein may be commenced by Notice of Application.
67.02Powers of Court
In a proceeding for partition or sale, the court may
(a) decide all questions concerning the title to the lands sought to be partitioned,
(b) order that the lands or any portion thereof be partitioned,
(c) order that the lands or any portion thereof be sold and direct the distribution of the proceeds of the sale in accordance with the interests and priorities of persons having an interest in the lands,
(d) subject to Rule 67.06, direct payment of costs from the proceeds of the sale of lands, or as may be appropriate,
(e) direct a reference upon such terms, including directions to sell, as may be necessary.
67.03Conduct of Reference
Where the court directs a reference under Rule 67.02, the referee shall conduct the reference in accordance with Rule 56.
67.04Proceeds of Sale
All money realized from a sale of the land or any estate or interest therein shall forthwith be paid into court, unless ordered otherwise.
67.05Effect of Order for Partition or Sale
(1)When an Order for Partition or Sale is made and
(a) no appeal is taken within the time prescribed for appeal, or
(b) all appeals and applications for leave to appeal have been
(i) dismissed,
(ii) abandoned, or
(iii) refused,
the clerk shall certify on a copy of the Order for Partition or Sale,
(c) that it was made and filed,
(d) that it is final, and
(e) that a conveyance or sale made in accordance with its terms will convey all the right, title and interest of all parties to the proceedings as directed in the Order for Partition or Sale.
(2)When the clerk has placed his certificate on a copy of the Order for Partition or Sale under paragraph (1), he shall
(a) retain and file it, and
(b) provide a copy to the applicant and, on request, to any other person.
(3)When an Order for Partition or Sale is made and endorsed with the certificate of the clerk under paragraph (1), the land or estate or interest in land described in the Order for Partition or Sale shall be partitioned or sold according to its terms.
(4)A copy of the Order for Partition or Sale endorsed with the certificate of the clerk under paragraph (1) may be registered in the Registry Office for the county in which the lands are situate.
67.06Costs
(1)Unless ordered otherwise, the costs of all parties to a proceeding under this rule shall be assessed by the court and shall be shared by the parties in proportion to the value of their respective interests in the lands and premises partitioned or sold.
(2)Costs assessed under paragraph (1) shall be a lien upon the respective shares of the parties in the lands partitioned or in the proceeds of any sale thereof.
(3)If a party has needlessly commenced a proceeding for partition, or has, without sufficient reason, refused to agree to a partition, a sale or other disposition of the property, the court may
(a) order the party to pay
(i) all of the costs of the proceeding, or
(ii) a larger proportion of the costs than he would have paid under paragraph (1), and
(b) deprive the party of all or part of the costs to which he would be entitled under paragraph (1).