19Court may direct partition of real estate

##### 19. Court may direct partition of real estate (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.]