This Act concerns partition of all lands the subject of any co-tenancy, whether held or acquired before or after its passing. All joint tenants and tenants in common of any estate on which they have specified rights may be compelled in manner provided for in this Act to make severance and partition between them of all such lands respectively. A Court may order partition on application The Court may also order sale of the land concerned. A motion for partition shall include a motion for sale and distribution of the proceeds, and vice versa. The Act sets out procedures for partition and provides for compensation to co-tenant for improvements. A partition of lands, where recourse shall not be had to the provision of this Act, shall be void at law, unless made by some instrument in writing.
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English and Irish colonists from St. Kitts first settled on Montserrat in 1632; the first African slaves arrived three decades later. The British and French fought for possession of the island for most of the 18th century, but it finally was confirmed as a British possession in 1783. The island's sugar plantation economy was converted to small farm landholdings in the mid-19th century. Much of this island was devastated and two-thirds of the population fled abroad because of the eruption of the Soufriere Hills Volcano that began on 18 July 1995.