32Express powers of Public Trustee

32 Express powers of Public Trustee

[Section 32 Amended by 25 Geo. V No. 78 ]

(1)  *[Section 32 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 32 Subsection (1) amended by No. 76 of 1985, s. 5 ][Section 32 Subsection (1) amended by No. 20 of 1995, s. 3 and Sched. 1 ]*Subject to this Act and to the provisions of any trust instrument, the Public Trustee, for any of the purposes of this Act, unless expressly prohibited by or under the trust instrument, at his discretion, and in addition to, and not in restriction of, any other powers under this Act, or any other Act or otherwise, may exercise the following powers:

(a) Sell, or concur with any other person in selling, property by public auction or private contract, all together or in parts, and subject to such conditions as he thinks fit;

(b) Purchase in fee simple lands in this State;

(c) Postpone the sale, calling-in, and conversion of any real or personal estate for so long as he thinks fit, notwithstanding that it may be of a wasting, speculative, or reversionary nature;

(d) On the sale (whether under any power of sale as mortgagee or otherwise) of any real or leasehold estate, subdivide the same into allotments, and for that purpose construct and dedicate all such roads, footpaths, and streets, and do all such other things, as he thinks necessary, or as are required by any law relating to subdivisions;

(e) Exchange property or join in a partition of property;

(f) Grant easements and enter into party-wall agreements;

(g) In exercising any power of sale conferred by this or any other Act, or by any instrument –

(i) grant a lease of the property with an optional or compulsory purchase clause;

(ii) sell any buildings, fixtures, timber, or other things affixed to land apart from the land itself;

(iii) agree to the cancellation or variation of any contract or agreement for the sale and purchase of any property upon such conditions as he thinks proper;

(h) Lease, or concur in leasing, property for a term not exceeding twenty-one years, to take effect in possession at a reasonable yearly rental with or without a fine, premium, or foregift, provided that, should any such fine, premium, or foregift be taken, the amount thereof shall be deemed to be part of the rental, and shall, as between the persons beneficially entitled to the rental, be considered as accruing from day to day, and be apportioned over the term of the lease;