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In This Volume

  • 26 If an instrument gives a personal representative or a trustee, or a power of attorney gives an attorney, power to dispose of land, that person may, unless the instrument or power expressly precludes it, subdivide the land and dedicate to the public a part of it necessary to obtain the approval of the approving officer under the Land Title Act, and to complete the subdivision.

1979-340-22.

PRACTICE

Common Law Power of Sale

Where the common law (and not a statute, instrument, or power of attorney) gives a power of sale to an executor or administrator, entitling the executor or administrator to pay debts, the power to subdivide and dedicate may not be available. In such a case, a registrar may nonetheless exercise their discretion using the same considerations as they would have used before enactment of this section.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Trustee’s or Personal Representative’s Dealings with Land

See the discussion of “Practice” under s. 180 of the Land Title Act in this Manual.

Powers of Attorney in Land Title Practice

See generally Part 6 of the Land Title Act (ss. 51 to 57) in this Manual.