New South Wales Consolidated Acts
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CONVEYANCING ACT 1919 - SECT 66G
Statutory trusts for sale or partition of property held in co-ownership
66G Statutory trusts for sale or partition of property held in co-ownership
(1) Where any property (other than chattels) is held in co-ownership the court
may, on the application of any one or more of the co-owners, appoint trustees
of the property and vest the same in such trustees, subject to incumbrances
affecting the entirety, but free from incumbrances affecting any undivided
shares, to be held by them on the statutory trust for sale or on the statutory
trust for partition.
(1A) Subject to this section, on the death of a
co-owner, any proceedings by or against the co-owner under subsection (1)
(whether instituted before or after the commencement of this subsection)
survive against or for the benefit of the estate of the deceased co-owner
despite, in the case of a joint tenancy, the rule of survivorship.
the entirety of the property is vested in trustees or
personal representatives, those trustees or personal representatives shall,
unless the court otherwise determines, be appointed trustees on either of such
statutory trusts, but subject, in the case of personal representatives, to
their rights and powers for the purposes of administration.
(a) Where the
entirety of the property is vested at law in co-owners the court may appoint a
trust corporation either alone or with one or two individuals (whether or not
being co-owners), or two or more individuals, not exceeding four (whether or
not including one or more of the co-owners), to be trustees of the property on
either of such statutory trusts.
(b) On such appointment the property shall,
subject to the provisions of section 78 of the Trustee Act 1925 , vest in the
(4) If, on an application for the appointment of trustees on the
statutory trust for sale, any of the co-owners satisfies the court that
partition of the property would be more beneficial for the co-owners
interested to the extent of upwards of a moiety in value than sale, the court
may, with the consent of the incumbrancers of the entirety (if any), appoint
trustees of the property on the statutory trust for partition, or as to part
of the property on the statutory trust for sale, and as to part on the
statutory trust for partition, but a purchaser shall not be concerned to see
or inquire whether any such consent as aforesaid has been given.
such trustees for partition have prepared a scheme of partition they shall
serve notice in writing thereof on all the co-owners of the age of eighteen
years or upwards, and any of such co-owners dissatisfied with the scheme may,
within one month after service upon him or her of such notice, apply to the
court for a variation of the same.
(b) Where any of the co-owners is a person
under mental disability, the notice shall be served on the person charged by
law with the management and care of the property of the person under
mental disability or, if there is no person so charged, on such officer of the
court as may be prescribed by rules of court.
(c) Where any of the co-owners
is a minor or a person who cannot be found or ascertained, or as to whom it is
uncertain whether the co-owner is living or dead, the trustees may act on
behalf of the minor or person, and retain land or other property to represent
the co-owner's share.
(6) In relation to the sale or partition of property
held in co-ownership, the court may alter such statutory trusts, and the trust
so altered shall be deemed to be the statutory trust in relation to that
(7) Where property becomes subject to such statutory
trust for sale--
(a) in the case of joint tenancy, a sale under the trust
shall not of itself effect a severance of that tenancy,
(b) in any case land
shall be deemed to be converted upon the appointment of trustees for sale
unless the court otherwise directs.
(8) This section applies to property held
in co-ownership at the commencement of the Conveyancing (Amendment) Act 1930
and to property which becomes so held after such commencement.
section does not apply to property in respect of which a subsisting contract
for sale (whether made under an order in a suit for partition, or by or on
behalf of all the co-owners) is in force at the commencement of the
Conveyancing (Amendment) Act 1930 if the contract is completed in due course,
nor to land in respect of which a suit for partition is pending at such
commencement if a decree for a partition or sale is subsequently made in such
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