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TRUSTEE ACT (NORTHERN IRELAND) 1958 - SECT 12

12.(1) Where a trust for sale or a power of sale of property is vested in a
trustee, he may sell or concur with any other person in selling all or any
part of the property, either subject to prior charges or not, and either
together or in lots, by public auction or by private contract, subject to any
such conditions respecting title or evidence of title or other matter as the
trustee thinks fit, with power to vary any contract for sale, and to buy in at
any auction, or to rescind any contract for sale and to re-sell, without being
answerable for any loss.

(2) Where a trust for sale or a power of sale of land held in fee farm or on
lease is vested in a trustee, he may make, on such terms and conditions as he
may think proper, a sub fee farm grant of the land or any part thereof, or a
sub-lease of the land or any part thereof with a nominal reversion, where such
sub fee farm grant or sub-lease amounts in substance to a sale and the
trustees have satisfied themselves that it is the most appropriate method of
disposing of the land.

(3) Where trustees grant or lease any land pursuant to any power conferred on
them by sub-section (2) they may sell any rent reserved on such grant or any
reversion expectant upon the determination of such lease.

(4) Where any grant (including a sub fee farm grant) or sub-lease purports to
have been made in exercise of a power conferred by this section, that power
shall, until the contrary is proved, be assumed to have been properly
exercised and

(a)the grantee, sub-grantee or sub-lessee (as the case may be) shall not,
either before or on the execution of the grant or sub-lease, be concerned to
see or inquire whether a case has arisen to authorise the execution of that
grant or sub-lease; and

(b)neither the grantee, sub-grantee, sub-lessee nor any of their successors in
title shall be concerned to see to the application of any moneys paid on foot
of the grant or lease.

(5) A trust or power to sell or dispose of land includes a trust or power to
sell or dispose of part thereof whether the division is horizontal, vertical,
or made in any other way.

(6) This section does not enable

(a)a trust or direction to sell land which is deemed to be settled land by
virtue of section sixty-three of the Settled Land Act, 1882, to be exercised
unless the consents (if any) which are required by the instrument creating the
settlement are first obtained; or

(b)an express power to sell settled land to be exercised unless any consents
which are required by virtue of sub-section (2) of section fifty-six of the
Settled Land Act, 1882, as amended by sub-section (2) of section six of the
Settled Land Act, 1884, are first obtained.

© 1958 Crown Copyright

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