Section 341 — Property Law Act 2007: Application for order under section 339(1)

341 Application for order under section 339(1) (1) An application for an order under section 339(1) (and for any related order under section 339(4)) may be made by all or any of the following people: (a) a co-owner of any property: (b) a mortgagee of any property of a co-owner or co-owners if, under the mortgage and subpart 7 of Part 3, the mortgagee has become entitled to exercise a power of sale: (c) a person with a charging order over any property of a co-owner or co-owners. (2) Every person who is one of the following must, if not already a party to the proceeding on that application, be served with a copy of that application: (a) a co-owner of the property: (b) a person who has an estate or interest in the property that may be affected by the granting of the application: (c) a person claiming to be a party to, or entitled to a benefit under, an instrument relating to the property. (3) The court to which that application is made may, by order made on an application for the purpose, change, or dispense with service on, the people who must be served under subsection (2). Compare: Partition Act 1539 , 31 Hen 8, c 1 (Imp); Partition Act 1540 , 32 Hen 8, c 32 (Imp); 1952 No 51 ss 140–143