ten room „face me I face you‟ apartment), the Partition Act of 1876 empowers the court to order a sale and the proceeds partitioned among the co-owners. 4. In 1959, the PCL took the issue one step further by providing for the concept of trust for sale. A joint owner may apply to a court for an order to sell the property and the proceeds shared among the joint owners. The court‟s first inclination should be to order a sale. Parliament went further by providing that in lieu of a sale, the court may make such order as it may deem fit. If the property is situate in any of the States created out of the former Western Region, recourse should be made to section 28 of the Property and Coveyancing Law 1959 which empowers the court to either sell the property or make such other order as it deems fit. The section provides that on the application of a joint owner, a judge may either order a sale of the disputed property and share the proceeds among the joint owners, or make any such order as the court deems fit. The court, strengthened by this statutory provision invented the concept of trust for sale. The statute provides that where property is held in joint ownership, the parties hold the property in trust for the purpose of selling the property so that their interest is not in the land but in the proceeds of sale. Any joint owner may apply to court for an order of sale. 5. Another option is for one co-owner to sell his undivided portion to a third party. The law allows this and when this happens, the purchaser acquires the interest of the vendor and he becomes a tenant in common with the other owner. In Basma v. Weekes (1950) 13 WACA 316, the court stated the rule that where a vendor is unable to transfer all that he covenanted to transfer, he would be presumed to