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CONVEYANCING ACT 1919 - SECT 110
Powers incidental to power of sale
110 Powers incidental to power of sale
(1) The power of sale conferred on a mortgagee or chargee by section 109 shall
include the following powers as incident thereto, namely-- (a) A power to
impose, or reserve, or make binding, as far as the law permits, by covenant,
condition, or otherwise, on the unsold part of the mortgaged or charged
property or any part thereof, or on the purchaser and any property sold, any
restriction or reservation with respect to building on or other user of the
land, or with respect to mines and minerals, or for the purpose of the more
beneficial working thereof, or with respect to any other thing.
(b) A power
to sell the mortgaged or charged property, or any part thereof, or any mines
and minerals apart from the surface-- (i) with or without a grant or
reservation of rights of way, rights of water, easements, profits à
prendre, rights, and privileges for or connected with building or other
purposes in relation to the property remaining subject to the mortgage or
charge or any part thereof, or to any property sold,
(ii) with or without an
exception or reservation of all or any of the mines and minerals in or under
the mortgaged or charged property, and with or without a grant or reservation
of powers of working, way-leaves, or rights of way, rights of water and
drainage and other powers, easements, profits à prendre, rights, and
privileges for or connected with mining purposes in relation to the property
remaining unsold or any part thereof, or to any property sold,
(iii) with or
without covenants by the purchaser to expend money on the land sold.
(c) A
power to lay out and make such roads, streets, and ways, to be dedicated to
the public or not, and grant such easements, profits à prendre, rights
of way, or drainage over the same as the circumstances of the case may
require, and the mortgagee or chargee thinks fit.
(2) Subsections (2) and (3)
of section 109 shall apply to the foregoing powers conferred by this section.
(3) This section applies in relation to a mortgage only where the mortgage
deed is executed after the commencement of this Act.
(4) This section applies
to mortgages and charges under the Real Property Act 1900 .
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