175Property subject to power may be sold in execution

175 Property subject to power may be sold in execution

175 Property subject to power may be sold in execution

(1) The person to whom is directed a writ that authorises the taking in execution and sale of property of a judgment debtor may take in execution and sell property over which the judgment debtor has a power of appointment that is exercisable by the judgment debtor for his or her own benefit without the assent of any other person.

(2) Where, under subsection (1), property the subject of a power of appointment is taken in execution and sold, the assurance to the purchaser operates as an exercise of the power.

(3) This section applies to land under the provisions of the Real Property Act 1900.

s 175: Am 1930 No 44, sec 30 (1) (d). Subst 1972 No 17, sec 16.