Power to postpone sale
32 Power to postpone sale
A power to postpone sale shall, in the case of every trust for sale of land, be implied unless a contrary intention appears[8].
Where there is a power to postpone the sale, then (subject to any express direction to the contrary in the instrument, if any, creating the trust for sale) the trustees for sale shall not be liable in any way for postponing the sale, in the exercise of their discretion, for any indefinite period; nor shall a purchaser of a legal estate be concerned in any case with any directions respecting the postponement of a sale.
The foregoing provisions of this section shall apply whether the trust for sale is created before or after the commencement or by virtue of this Part[9].
Where a disposition or settlement coming into operation after the commencement of this Act contains a trust either to retain or sell land the same shall be construed as a trust to sell the land with power to postpone the sale.
No. 3754 s. 33.
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