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Law of Property Act 2000
87Powers incident to power of sale
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87 Powers incident to power of sale
A mortgagee's power of sale includes the following powers as
incident to the sale:
(a) a power to impose or reserve or make binding, to the extent
that the law permits, by covenant, condition or otherwise, on
the unsold part of the mortgaged property or a part of it, or on
the purchaser and any property sold, a restriction or
reservation with respect to building on or any other user of
(b) a power to sell the mortgaged property, or a part of it:
(i) with or without a grant or reservation of rights of way,
rights of water, easements and rights and privileges for
or connected with building or other purposes in relation
to the property remaining in mortgage or a part of it or to
any property sold;
(ii) 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 and rights and
privileges for or connected with mining purposes in
relation to the property remaining unsold or a part of it or
to any property sold; and
(iii) with or without covenants by the purchaser to expend
money on land sold.