TRUSTEE ACT 1925 - SECT 26
Powers incident to sale
TRUSTEE ACT 1925 - SECT 26
Powers incident to sale
26 Powers incident to sale
(1) A trustee for sale may--
(a) sell all or any part of the trust property,
(b) sever and sell fixtures apart from the balance of the property,
(c) grant
and sell any easement right or privilege of any kind over or in relation to
the property,
(d) do anything that a mortgagee may do under subsection (1) of
section 110 of the Conveyancing Act 1919 to the like extent as if the powers
conferred by that subsection on a mortgagee in relation to the mortgaged
property or any part thereof were in terms conferred by this subsection on the
trustee in relation to the trust property or any part thereof,
(e) join with
any other person in doing anything under any of the preceding paragraphs of
this subsection,
(f) pay or apply capital money subject to the trust for any
of the purposes mentioned in this subsection.
(2) The sale may be subject to
any such conditions respecting title or evidence of title or other matter as
the trustee thinks fit, and may be--
(a) either subject to prior charges or
not,
(b) either together or in lots, in subdivision or otherwise,
(c) by
public auction or by private contract.
(3) The trustee may vary any contract
for sale, buy in at any auction, rescind any contract for sale and re-sell,
without being answerable for any loss.
(4) If the trustee joins with any
other person in selling, the purchase money shall be apportioned in or before
the contract of sale, and a separate receipt shall be given by the trustee for
the apportioned share.
(4A) A contravention of subsection (4) shall not
invalidate or be deemed to have invalidated any instrument intended to affect
or evidence the title to any land.
(5) This section applies only if and as
far as a contrary intention is not expressed in the instrument creating the
trust or power, and shall have effect subject to the terms of that instrument
and to the provisions therein contained.
(6) This section applies to trusts
or powers created either before or after the commencement of this Act.