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TRUSTEE ACT 1925 - SECT 30 Depreciatory conditions

TRUSTEE ACT 1925 - SECT 30

Depreciatory conditions

    (1)     The sale of land by a trustee subject to a condition that may have been unnecessarily depreciatory is not a ground for—

        (a)     the buyer objecting to the title to the land; or

        (b)     a beneficiary challenging the sale; or

        (c)     if the land has been conveyed to the buyer—the buyer's title to the land being challenged.

    (2)     However—

        (a)     a beneficiary may challenge the sale of the land on the ground that a condition may have been unnecessarily depreciatory if the consideration for the sale was made inadequate because of the condition; and

        (b)     a buyer's title may be challenged on the ground that a condition may have been unnecessarily depreciatory if the buyer was acting in collusion with the trustee when the contract for the sale was made.