117. Land sold in pursuance of writs
Feedback & supportThe interest in registered land which may be sold in execution under a writ is the interest which belongs to the judgment debtor at the date of registration of the writ.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
For the purpose of determining the interest in land which belongs to a judgment debtor —
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
any interest in that land purported to be created subsequently to the date of registration of the writ; and
any interest in that land created previously to the date of registration of the writ, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,is void against a purchaser of the land at the sale in execution under the writ.
Land shall not be sold in an execution under a writ until the expiration of 30 days from the date of registration of the writ.[113
writ
“writ” means a writ of execution issued out of the High Court, or any other court having jurisdiction to levy execution against land, and, where the context admits, includes renewal of a writ and a second or subsequent writ on the same judgment;