TRANSFER OF LAND ACT 1893 - SECT 108
TRANSFER OF LAND ACT 1893 - SECT 108
108 . Power to sell in cases of continuing default
Subject to Division 2
of Part 6 of the Land Administration Act 1997 in the case of conditional
tenure land, if such default in payment or in performance or observance of
covenants shall continue for one month after the service of such notice or for
such other period as may in such mortgage or charge be for that purpose fixed
the mortgagee or annuitant or his transferees may sell the land mortgaged or
charged or any part thereof either altogether or in lots by public auction or
by private contract and either at one or at several times and subject to such
terms and conditions as may be deemed fit; with power to vary any contract for
sale and to buy in at any auction or to rescind any contract for sale, and to
resell without being answerable for any loss occasioned thereby, with power to
make such roads, streets and passages, and to grant and reserve such easements
as the circumstances of the case require and the mortgagee or annuitant thinks
fit; and may make and sign such transfers and do such acts and things as shall
be necessary for effectuating any such sale; and no purchaser shall be bound
to see or inquire whether such default as aforesaid shall have been made or
have happened or have continued, or whether such notice as aforesaid shall
have been served or otherwise into the propriety or regularity of such sale.
[Section 108 amended: No. 17 of 1950 s. 25; No. 31
of 1997 s. 110.]