New South Wales Consolidated Acts

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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.

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