Section 36 Mortgage and Property Law of Lagos State

Section 36 of the Mortgage and Property Law of Lagos State 2010 is about Power to sell undivided share of mortgage property. It provides as follows:

(1) a person who was before the commencement of this law, a mortgagee of an undivided share in land shall have the same power to sell his share in the proceeds of sale of the land and in the rents and profits until sale, as independently of this law, he would have had in regard to the share I the land,
and shall also have a right require the trustee for sale I whom the land is vested to account to hi for the income attributable to that share or to appoint a receiver to receive the same from such trustee corresponding to the right which, independently of his law, he would had to take possession or appoint a receiver of the rents and profits attributable to the same share.

(2) the powers conferred by this section are exercisable by the persons deriving title under such mortgagee.

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