110Powers incidental to power of sale

#### 110 Powers incidental to power of sale 110 Powers incidental to power of sale > > (1) The power of sale conferred on a mortgagee or chargee by section 109 shall include the following powers as incident thereto, namely— > > > > > (a) A power to impose, or reserve, or make binding, as far as the law permits, by covenant, condition, or otherwise, on the unsold part of the mortgaged or charged property or any part thereof, or on the purchaser and any property sold, any restriction or reservation with respect to building on or other user of the land, or with respect to mines and minerals, or for the purpose of the more beneficial working thereof, or with respect to any other thing. > > > > > (b) A power to sell the mortgaged or charged property, or any part thereof, or any mines and minerals apart from the surface— > > > > > > > (i) with or without a grant or reservation of rights of way, rights of water, easements, profits à prendre, rights, and privileges for or connected with building or other purposes in relation to the property remaining subject to the mortgage or charge or any part thereof, or to any property sold, > > > > > > > (ii) with or without an exception or reservation of all or any of the mines and minerals in or under the mortgaged or charged property, and with or without a grant or reservation of powers of working, way-leaves, or rights of way, rights of water and drainage and other powers, easements, profits à prendre, rights, and privileges for or connected with mining purposes in relation to the property remaining unsold or any part thereof, or to any property sold, > > > > > > > (iii) with or without covenants by the purchaser to expend money on the land sold. > > > > > (c) A power to lay out and make such roads, streets, and ways, to be dedicated to the public or not, and grant such easements, profits à prendre, rights of way, or drainage over the same as the circumstances of the case may require, and the mortgagee or chargee thinks fit. > > > (2) Subsections (2) and (3) of section 109 shall apply to the foregoing powers conferred by this section. > > > (3) This section applies in relation to a mortgage only where the mortgage deed is executed after the commencement of this Act. > > > (4) This section applies to mortgages and charges under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > **s 110:** Am 1972 No 17, sec 8 (i); 1979 No 171, Sch 3 (13); 1986 No 70, Sch 2 (15); 1987 No 242, Sch 1 (15).