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The Property (Northern Ireland) Order 1997


This is the original version (as it was originally made).


Enforcement of charge on estate of co-owner

48.  The owner of a charge (including a charge under Article 46 of the [1981 NI 6.] Judgments Enforcement (Northern Ireland) Order 1981) on land in co-ownership (that is to say, held jointly or in undivided shares) may make a request under the [1868 c. 40] Partition Act 1868 and the [1876 c. 17.] Partition Act 1876 (in this Article and Article 49 “the Partition Acts”) for an order for partition, or for sale and distribution in lieu of partition, and shall be treated as a party interested for the purposes of those Acts.

Power of court under Partition Acts

49.  Without prejudice to Article 309 of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989, where on the request under the Partition Acts of a party interested (or a person treated as such under Article 48) a court makes an order for partition or sale, the court, on making the order or at any time before its enforcement, may also—

(a)impose such stay or suspension; or

(b)impose such conditions,

as, in the circumstances of the case, it thinks fit; and it may revoke or vary any such stay, suspension or conditions.

Severance of joint tenancy by charge

50.  The creation of a charge on the estate or estates of one or more joint tenants (but not all of them) causes (and always has caused) a severance of the joint tenancy.

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