County Court Rules (Northern Ireland) 1981

ORDER 36 Partition suits

Abstract of title

1.  The plaintiff in a partition suit shall, at the time of lodging the civil bill, also lodge therewith a short abstract of title to the lands sought to be partitioned, which abstract shall show the respective shares and estates which the several owners are alleged to have in the lands.

Consent of landlord

2.  If the lands sought to be partitioned are held subject to any agreement or condition restraining or prohibiting assignment or subdivision, or if they form part of an estate upon which the assignment or subdivision of holdings without the consent of the landlord is contrary to or not warranted by the practice prevalent upon such estate, the plaintiff shall at the hearing produce the consent in writing of the landlord, or his agent duly authorised for that purpose, that the lands in the civil bill mentioned be partitioned or sold as the court may direct.

Consent of Department of Finance

3.  If the lands sought to be partitioned are charged with any advance repayable to the Department of finance, in manner provided by any statute authorising the advance of public money to tenants upon the security of their holdings, the plaintiff shall at the hearing produce the consent in writing of that Department, that the lands in the civil bill mentioned be partitioned or sold as the court may direct.

Examination of and report on lands

4.—(1) In partition suits the judge may employ a surveyor or other person to examine the lands sought to be partitioned, and to report in writing to the judge, by a day to be named, the manner in which, according to the opinion of such surveyor or other person, the lands should be partitioned, and the report shall be accompanied by a map showing the boundaries of the lands proposed to be partitioned.

(2) The surveyor or other person appointed shall be remunerated by the parties to the suit or such of them as the judge may direct.

(3) The report of the surveyor or other person appointed under paragraph (1), together with said map, shall be lodged by him in the Office at least fifteen days before the day named for making the report to the judge.

(4) The report and map when lodged in the Office shall be open to the inspection of all parties to the suit without payment of any fee.

Decree

5.  The judge may either adopt such report, and make a decree in accordance with the terms thereof, or may make such other decree as he may think fit.