Land And Conveyancing Law Reform Act 2009


Incidental powers.

102.— Incidental to the power of sale are the powers to—

[CA 1881, s. 19(1)(i)][CA 1911, s. 4]

( a) sell the mortgaged property—

(i) subject to prior charges or not,

(ii) either together or in lots,

(iii) by public auction, tender or private contract,

(iv) subject to such conditions respecting title, evidence of title, or other matter as the mortgagee or other person selling thinks fit,

( b) rescind any contract for sale and resell,

( c) impose or reserve or make binding by covenant or otherwise, on the sold part of the mortgaged land, or on the unsold part, any restriction or reservation with respect to building on or other user of land, or with respect to mines and minerals, for the purpose of their more beneficial working, or with respect to any other matter,

( d) sell the mortgaged land, or all or any mines and minerals apart from the surface, with or without—

(i) any easement, right or privilege connected with building or other purposes on the sold part of the mortgaged land or the unsold part,

(ii) an exception or reservation of all or any of the mines and minerals in the mortgaged land and with or without a grant, reservation or imposition of powers of working, wayleaves, rights of way, rights of water and drainage and other powers, easements, rights and privileges for or connected with mining purposes, in relation to or on the sold part of the mortgaged land or the unsold part,

(iii) covenants by the purchaser to expend money on the land sold.