Western Australian Current Acts Western Australian Current Acts (1) Where the Court is
satisfied that a partition of the real estate of a deceased person, or any
part thereof, would be advantageous to the parties interested, the Court may
appoint one or more arbitrators, or direct the Principal Registrar to effect
such partition.
(2) The award of the
arbitrators or order of the Principal Registrar setting forth particulars of
the land allotted to each party interested shall, when confirmed by the Court
and registered in the office of the Western Australian Land Information
Authority established by the Land Information Authority Act 2006 section 5,
without the necessity of any further conveyance or transfer, vest in each
allottee the land so allotted to him.
(3) In the case of
land subject to the Transfer of Land Act 1893 , each allottee shall be
entitled to have created and registered in the allottee’s name a
certificate of title for the land so allotted.
(4) If any allotment
be made subject to the charge of any money payable to any other party
interested, for equalising the partition, such charge shall take effect
according to the terms and conditions in regard to time and mode of payment,
and otherwise, which shall be expressed in such award or order, without the
necessity of any further instrument being made or executed; and in case of
land subject to the Transfer of Land Act 1893 , the certificate of title shall
be created and registered subject to such charge.
[Section 19 amended: No. 67 of 1979 s. 44; No. 81
of 1996 s. 153(1); No. 60 of 2006 s. 120.]