Court may order partition in a summary way
84 Court may order partition in a summary way
Where, upon an inquiry under section 82 the Court is satisfied that a partition of the real estate, or any part thereof, will be advantageous to the parties interested therein, the Court may appoint one or more arbitrators to effect the partition.
The report and final award of the arbitrators setting forth particulars of the land allotted to each party interested shall, when signed by them and confirmed by the order of the Court and registered in the office of the Registrar-General, be effectual without the necessity of any further conveyance to vest in each party the land so allotted to him or her, and an office copy of the award so signed, confirmed, and registered, shall for all purposes be equivalent to an indenture of conveyance to each party of the lands allotted to him or her.
In the case of land subject to the provisions of the Land
Title Act 2000 each party shall be entitled to have issued to him or her a certificate as to title for the land so allotted to him or her.
If the allotment be made subject to the charge of any money payable to any other party interested for equalizing the partition, the charge shall take effect according to the terms and conditions in regard to time and mode and otherwise which are expressed in the award without the necessity of any further instrument being made or executed.
In the case of land subject to the provisions of the Land
Title Act 2000, the certificate as to title shall issue subject to the charge, unless the charge is satisfied.
The preceding provisions of this section do not authorize the partition of any real estate in contravention of the provisions of any other law in force in the Territory relating to the partition of that real estate.
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