This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
(i.) Notice requiring payment of the mortgage money has been served on the mortgagor or one of several mortgagors and default has been made in payment of the mortgage money or of part thereof for three months after such service; or (ii.) Some interest under the mortgage is in arrear and unpaid for two months after becoming due; or (iii.) There has been a breach of some provision contained in the mortgage deed or in this Act or on the part of the mortgagor or of some person concurring in making the mortgage to be observed or performed other than and besides a covenant for payment of the mortgage money or interest thereon. S. 30. (1) Where an estate or interest of inheritance, or limited to the heir as special occupant in any tenements or hereditaments corporeal or incorporeal, is vested on any trust, or by way of mortgage, in any person solely, the same shall, on his death, notwithstanding any testamentary disposition devolve to and become vested in Ms personal representatives or representative from time to time in like manner as if the same were a chattel real vesting in them or him; and accordingly all the like powers for one only of several joint personal representatives as well as for a single personal representative and for all the personal representatives together to dispose of and otherwise deal with the same shall belong to the deceased's personal representatives or representative from time to time with all the like incidents, but subject to all the like rights equities and obligations as if the same were a chattel real vesting in them or him; and, for the purposes of this section the personal representatives for the time being of the deceased shall be deemed in law his heirs and assigns, within the meaning of all trusts and powers.
S. 51. (1) In a deed it shall be sufficient in the limitation of an estate in fee simple, to use the words in fee simple without the word heirs; and in the limitation of an estate in tail to use the words in tail without the words heirs of the body; and in the limitation of an estate in tail male or in tail female, to use the words in tail male or in tail female as the case requires without the words heirs male of the body, or heirs female of the body.
(2) This section applies only to deeds executed after the commencement of this Act.
S. 65. (1) Where a residue unexpired of not less than two hundred years of a term which as originally created was for not less than three hundred years is subsisting in land, whether being the whole land originally comprised in the term, or part only thereof, without any trust or right of redemption affecting the term in favour of the freeholder or other person entitled in reversion expectant on the term and without any rent or with merely a peppercorn rent or other rent having no money value, incident to the reversion or having had a rent not being merely a peppercorn rent or other rent having no money value, originally so incident, which subsequently has been released or has become barred by lapse of time or has in any other way ceased to become payable then the term may be enlarged into a fee simple in the manner and subject to the restrictions in this section provided.
(2) Each of the following persons (namely):
(i.) Any person beneficially entitled in right of the term whether subject to an incumbrance or not, to possession of any land comprised in the term; but in case of a married woman, with the concurrence of her husband unless she is entitled for her separate use whether with restraint on anticipation or not, and then without his concurrence; (ii.) Any person being in receipt of income as trustee in right of the term or having the term vested in him in trust for sale, whether subject to any incumbrance or not; (iii.) Any person in whom, as personal representative of any deceased person, the term is vested whether subject to any incumbrance or not; shall as far as regards the land to which he is entitled or in which he is interested in right of the term in any such character as aforesaid have power by deed to declare to the effect that from and after the execution of the deed the term shall be enlarged into a fee simple.
(3) Thereupon by virtue of the deed and of this Act the term shall become and be enlarged accordingly and the person in whom the term was previously vested shall acquire and have in the land a fee simple instead of the term.
(4) The estate in fee simple so acquired by enlargement shall be subject to all the same trusts powers executory limitations over rights and equities and to all the same covenants and provisions relating to user and enjoyment and to the same obligations of every kind as the term would have been subject to if it had not so been enlarged.
(5) But where any land so held for a residue of a term has been settled in trust by reference to other land being freehold land so as to go along with that other land as far as the law permits and at the time of enlargement the ultimate beneficial interest in the term whether subject to any subsisting particular estate or not, has not become absolutely and indefeasibly vested in any person then the estate in fee simple acquired as aforesaid shall without prejudice to any conveyance for value previously made by a person having a contingent or defeasible interest in the term be liable to be and shall be conveyed and settled in like manner as the other land being freehold land aforesaid and until so conveyed and settled shall devolve beneficially as if it had been so conveyed and settled.
(6) The estate in fee simple so acquired shall whether the term was originally created without impeachment of waste or not include the fee simple in all mines and minerals which at the time of enlargement have not been severed in right or in fact or have not been severed or reserved by an inclosure Act or award.
(7) This section applies to every such term as aforesaid subsisting at or after the commencement of this Act.