PROPERTY LAW ACT 1974 - SECT 81
Actions for possession by mortgagors
PROPERTY LAW ACT 1974 - SECT 81
Actions for possession by mortgagors
81 Actions for possession by mortgagors
(1) A mortgagor for the time being entitled to the possession or receipt of
the rents and profits of any land, as to which the mortgagee has not given
notice of the mortgagee’s intention to take possession or to enter into the
receipt of the rents and profits of the land, may sue for such possession, or
for the recovery of such rents or profits, or to prevent or recover damages in
respect of any trespass or other wrong relative to the land, in the
mortgagor’s own name only, unless the cause of action arises upon a lease or
other contract made by the mortgagor jointly with any other person.
(2) This
section does not prejudice the power of a mortgagor independently of this
section to take proceedings in the mortgagor’s own name only, either in
right of any legal estate vested in the mortgagor or otherwise.
(3) This
section applies whether the mortgage was made before or after the commencement
of this Act.
