The Partition Act 1931

c i e
AT 7 of 1931

THE PARTITION ACT 1931

The Partition Act 1931 Index


c AT 7 of 1931 Page 3

c i e
THE PARTITION ACT 1931

Index Section Page

1 Short title .......................................................................................................................... 5
2 Definitions........................................................................................................................ 5
3 Application for division of land ................................................................................... 5
4 Sale instead of division .................................................................................................. 5
5 Sale where majority of owners request ........................................................................ 6
6 Court may direct inquiry into ownership of undivided shares ............................... 6
7 As to purchaser’s share .................................................................................................. 6
8 Application of Settled Land Act ................................................................................... 7
9 Power to make rules ....................................................................................................... 7
10 Commencement of Act .................................................................................................. 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

The Partition Act 1931 Section 1


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c i e
THE PARTITION ACT 1931

Received Royal Assent: 20 March 1931
Passed: 9 June 1931
Commenced: 9 June 1931
AN ACT
to amend the law as to real estate held in undivided shares.
1 Short title

This Act may be cited as ‘The Partition Act, 1931’.
2 Definitions

In this Act, unless the context otherwise requires —
“the court
” means the High Court;1

“land
” includes corporeal and incorporeal hereditaments and any interest
therein, and also an undivided share of land.
3 Application for division of land

(1) The owner of an undivided share of land may apply to the court by
petition to make a division of the land between or among the parties
interested or presumptively interested therein.
(2) The court may refer any question or matter arising under such petition to
a special referee for investigation and report, and may adopt such report
wholly or partially, or make such other order for the division of the land
as may seem just.
4 Sale instead of division

If it appears to the court that by reason of the nature of the land or the number
of parties interested or presumptively interested therein, or of the absence or
disability of such parties, or any other circumstances, such land cannot be
conveniently divided between such parties, the court may order the land to be
sold by public auction, or if all the parties interested in such land are sui juris
and consent by private contract, and may for such purpose appoint one of the
Section 5 The Partition Act 1931


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owners of a share in such land or some other person to sell such land, and may
make such order as the court may deem meet with respect to the expenses of
such sale and the distribution of the proceeds thereof and give all necessary and
proper consequential directions. The owner of any share in such land may bid at
the auction thereof and become the purchaser without being liable to account to
any other owner. The coroner or other person ordered by the court to sell such
land may execute such deeds, releases, surrenders, or other instruments as may
be necessary or required for conveying or vesting such land in the purchaser or
purchasers thereof and give effectual receipts and discharges for the purchase
money; and when so ordered by the court such conveyance shall include the
interests in such land of all the owners of undivided shares therein, including
persons who are absent, unborn, or unascertained.
5 Sale where majority of owners request

If the owner or owners interested, individually or collectively, to the extent of
one-half or upwards in the land, request the court to direct a sale of the land
and a distribution of the proceeds instead of a division of the land between or
among the parties interested, the court shall, unless it sees good reason to the
contrary, direct a sale of the land accordingly, and give all necessary and proper
consequential directions. The provisions of section 4 shall apply to such sale.
6 Court may direct inquiry into ownership of undivided shares

The court may direct an inquiry into the ownership of the undivided shares in
any land sought to be partitioned or sold under this Act, and may for such
purpose accept the certificate of an advocate, whether such advocate acts on
behalf of a part owner or otherwise. The court may direct what notice of the
petition is to be given to any other part owner of such land, and in the case of
part owners who are absent from the Island or under disability or unborn or
unascertained the court may direct notice to be given to some person resident
within this Isle on behalf of such owners, or by advertisement in two
newspapers regularly published in the Isle of Man, and such owners shall be
bound by any order made by the court under this Act.
7 As to purchaser’s share

Where any party interested in the land to which a petition under this Act relates
requests the court to direct a sale of the land and a distribution of the proceeds
instead of a division of the land between or among the parties interested in the
land, the court may, if it thinks fit, unless the other parties interested in the land
or some of them undertake to purchase the share of the party requesting the
sale, direct a sale of the land and give all necessary and proper consequential
directions, and in case of such undertaking being given the court may order a
valuation of the share of the party requesting the sale in such manner as the
court thinks fit, and may give all necessary and proper consequential directions.
The Partition Act 1931 Section 8


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8 Application of Settled Land Act

The provisions contained in the Settled Land Act, 1891, shall extend to and apply
to monies received on a sale under the authority of this Act.
9 Power to make rules

The power to make rules of court under the High Court Act 1991 shall be
deemed to include the power to make rules for the purpose of this Act. Until
rules are made under this Act, the rules made under the said High Court Act
1991, shall apply to proceedings under this Act, except in so far as the same are
expressly varied by this Act.2

10 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
The Partition Act 1931 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘the court’ substituted by High Court Act 1991 Sch 3. 2
S 9 amended by High Court Act 1991 Sch 3.