403. Position of equitable incumbrancer.

403.     Position of equitable incumbrancer.

An incumbrancer who has no legal mortgage has no right to enter into possession of the land until he obtains a court order1, but if his charge is created by instrument under seal he can appoint a receiver2, and if his charge arises otherwise he can obtain the appointment of a receiver by the court3. The mortgagee may expressly give an equitable incumbrancer the right to take possession4; and if the incumbrancer gives notice to the tenant to pay the rent to him, this, by virtue