Section 92 Power to authorise land and minerals to be dealt with separately.C1
England and Wales
Where a mortgagee’s power of sale in regard to land has become exercisable but does not extend to the purposes mentioned in this section, the court may, on his application, authorise him and the persons deriving title under him to dispose—
of the land, with an exception or reservation of all or any mines and minerals, and with or without rights and powers of or incidental to the working, getting or carrying away of minerals; or
of all or any mines and minerals, with or without the said rights or powers separately from the land;
and thenceforth the powers so conferred shall have effect as if the same were contained in the mortgage.
Annotations
Textual amendments
- F1
S. 92 renumbered as subsection (1) of that section by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. II para. 3(2)
- F2
S. 92(2) added by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. II para. 3(1)(3)
- F3
Words in s. 92(2) substituted (1.7.1991) by S.I. 1991/724, art. 2(8), Sch. Pt.I (with art. 12)
Modifications
- C1
S. 92 extended (1.7.1991) by S.I. 1991/724, art. 2(4) (with art. 12)
- C2
S. 92(2) modified by County Courts Act 1984 (c. 28, SIF 34), s. 24(2)(c)
Notes on Part III
Modifications
- C1
Certain provisions of Part III applied by Agriculture (Miscellaneous Provisions) Act 1941 (c. 50), s. 8(4), Weeds Act 1959 (c. 54), s. 3(3) and Leasehold Reform Act 1967 (c. 88), s. 19(8)