(1) If all the proprietors in common who are of full age agree, partition of land owned by them shall be effected in notarial form.
However, such partition shall not be effected without the written consent of the proprietor of the hypothec; which consent shall not be unreasonably withheld. (Inserted by Act 7 of 1986)
(2) Subject to subsection (1), an application for the partition of land owned by proprietors in common may be made in the prescribed form to the Registrar by—
(a) any one or more of the proprietors; or
(b) any person in whose favour an order has been made for the sale of an undivided share in the land in execution of a decree,
and subject to the provisions of this Act and of any written law by or under which minimum areas or frontages are prescribed or the consent of any authority to a partition is required, the Registrar shall effect the partition of the land, in such manner as the Registrar may order.
(3) A partition shall be completed by closing the register of the parcel partitioned and opening registers in respect of the new parcels created by the partition and filing the notarial deed or order.