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](/view/html/inforce/current/act-1900-025). > > **s 175:** Am 1930 No 44, sec 30 (1) (d). Subst 1972 No 17, sec 16.