New South Wales Consolidated Acts

TRUSTEE ACT 1925 - SECT 32

32 Sale exchange and partition

(1) Where a trustee is authorised by the instrument, if any, creating the trust or by law to dispose of land by way of sale exchange or partition, the trustee may so dispose--

(a) of the land with or without an exception or reservation of all or any of the mines and minerals therein, or

(b) of any mines and minerals.

(2) The disposition may be with or without a grant or reservation of powers of working, wayleaves, or rights of way, rights of water and drainage, and other powers, easements, rights, and privileges for or incident to or connected with mining purposes, in relation to the land or any part thereof, or any other land.

(3) The exchange or partition may be made subject to and in consideration of the reservation of an undivided share in mines or minerals.

(4) The exchange or partition may be made upon terms of giving or receiving any money for equality of exchange or partition.

(5) For the purpose of completing the disposition the trustee may convey or otherwise dispose of the land either by way of revocation and appointment of the use or otherwise as may be necessary.

(6) This section extends to any other person authorised to dispose of land by way of sale exchange or partition.

(7) This section applies to trusts or powers created either before or after the commencement of this Act.