LRC Reports

Execution Against Land (1978)

Keywords: execution; land; real; property; enforcement; creditor; homestead; registration; joint tenancy; mortgage; title; unsecured; debtor; interest; possession; redemption; judgment; charge; third party; joint tenant; sale; partition; security; prejudgment

This project examined the Execution Act, which provided a scheme whereby a judgment creditor could proceed against an interest in land belonging to the judgment debtor to obtain satisfaction of the claim. The report makes a number of recommendations to address circumstances in which the Act can operate unfairly or in which rights arising under it could be clarified.

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