Property and Conveyancing Law of the Western Region of Nigeria 1959

[23rd April, 1959.]

Sections

Part I – Preliminary

Section 1 Property and Conveyancing Law 1959 – Short title and application.

Section 2 Property and Conveyancing Law 1959 – Interpretation.

Part II – General Principles as to Legal Estates, Equitable Interests and Powers

Section 3 Property and Conveyancing Law 1959 – Legal estates and equitable interests.

Section 4 Property and Conveyancing Law 1959 – Conveyances over-reaching certain equitable interests and powers.

Section 5 Property and Conveyancing Law 1959 – Manner of giving effect to equitable interests and powers.

Section 6 Property and Conveyancing Law 1959 – Creation and disposition of equitable interests.

Section 7 Property and Conveyancing Law 1959 – Satisfied terms, whether created out of freehold or leasehold land to cease.

Section 8 Property and Conveyancing Law 1959 – Saving of lessors’ and lessees’ covenants.

Section 9 Property and Conveyancing Law 1959 – Saving of legal estates in certain cases.

Section 10 Property and Conveyancing Law 1959 – Saving of certain legal powers to lease.

Section 11 Property and Conveyancing Law 1959 – Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.

Section 12 Property and Conveyancing Law 1959 – Title to be shown to legal estates.

Section 13 Property and Conveyancing Law 1959 – Limitation and prescription laws.

Section 14 Property and Conveyancing Law 1959 – Effect of possession of documents.

Section 15 Property and Conveyancing Law 1959 – Interests of persons in possession.

Section 16 Property and Conveyancing Law 1959 – Presumption that parties are of full age.

Section 17 Property and Conveyancing Law 1959 – Effect of conveyances of legal estates to infants.

Section 18 Property and Conveyancing Law 1959 – Infants not to be appointed trustees.

Section 19 Property and Conveyancing Law 1959 – Receipts by married infants.

Section 20 Property and Conveyancing Law 1959 – Conveyances on behalf of lunatics and as to lands held by them on trust for sale.

Section 21 Property and Conveyancing Law 1959 – Duration of trusts for sale.

Section 22 Property and Conveyancing Law 1959 – Appointment of trustees of dispositions on trust for sale.

Section 23 Property and Conveyancing Law 1959 – Power to postpone sale.

Section 24 Property and Conveyancing Law 1959 – Consents to the execution of a trust for sale.

Section 25 Property and Conveyancing Law 1959 – Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation.

Section 26 Property and Conveyancing Law 1959 – Powers of management, etc., conferred on trustees for sale.

Section 27 Property and Conveyancing Law 1959 – Delegation of powers of management by trustees for sale.

Section 28 Property and Conveyancing Law 1959 – Powers of court where trustees for sale refuse to exercise powers.

Section 29 Property and Conveyancing Law 1959 – Trust for sale of mortgaged property where right of redemption is barred.

Section 30 Property and Conveyancing Law 1959 – Implied trust for sale in personalty settlements.

Section 31 Property and Conveyancing Law 1959 – Application of Part II to personal representatives.

Section 32 Property and Conveyancing Law 1959 – Limitation of land by way of succession to create trust for sale.

Section 33 Property and Conveyancing Law 1959 – Vesting of land limited by way of succession.

Section 34 Property and Conveyancing Law 1959 – Vesting of land settled under Settled Land Acts, 1882–1890.

Section 35 Property and Conveyancing Law 1959 – Conveyance or devise of legal estate to infant operative only as declaration to create a trust for sale.

Section 36 Property and Conveyancing Law 1959 – Trust for sale arises from devolution of legal estate on an infant by reason of intestacy, etc.

Section 37 Property and Conveyancing Law 1959 – Trustees for sale where infant entitled to legal estate.

Section 38 Property and Conveyancing Law 1959 – Powers of sale and exchange.

Section 39 Property and Conveyancing Law 1959 – Regulations respecting sales.

Section 40 Property and Conveyancing Law 1959 – Regulations respecting exchanges.

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Section 41 Property and Conveyancing Law 1959 – Power to lease for ordinary or building purposes.

Section 42 Property and Conveyancing Law 1959 – Regulations respecting leases generally.

Section 43 Property and Conveyancing Law 1959 – Leasing powers for special objects.

Section 44 Property and Conveyancing Law 1959 – Regulations respecting building leases.

Section 45 Property and Conveyancing Law 1959 – Power on dispositions to impose restrictions and make reservations and stipulations.

Section 46 Property and Conveyancing Law 1959 – Power to grant options.

Section 47 Property and Conveyancing Law 1959 – Surrenders.

Section 48 Property and Conveyancing Law 1959 – Acceptance of leases.

Section 49 Property and Conveyancing Law 1959 – Power to compromise claims and release restrictions, etc.

Section 50 Property and Conveyancing Law 1959 – Power to vary leases and to give licences and consents.

Section 51 Property and Conveyancing Law 1959 – Power to apportion rents.

Section 52 Property and Conveyancing Law 1959 – Provisions as to consideration.

Section 53 Property and Conveyancing Law 1959 – General power for the trustees for sale to effect any transaction under an order of the court.

Section 54 Property and Conveyancing Law 1959 – Power to raise money by mortgage.

Section 55 Property and Conveyancing Law 1959 – Completion of transactions by conveyance.

Section 56 Property and Conveyancing Law 1959 – Power for trustees to enter into contracts.

Section 57 Property and Conveyancing Law 1959 – Reference of questions to court.

Section 58 Property and Conveyancing Law 1959 – Management of land.

Section 59 Property and Conveyancing Law 1959 – Saving for and exercise of other powers under settlement.

Section 60 Property and Conveyancing Law 1959 – Saving for additional or larger powers under settlement.

Section 61 Property and Conveyancing Law 1959 – Effect of future dispositions to tenants in common.

Section 62 Property and Conveyancing Law 1959 – Meaning of the statutory trusts.

Section 63 Property and Conveyancing Law 1959 – Joint tenancies.

Section 64 Property and Conveyancing Law 1959 – Rights of husband and wife.

Section 65 Property and Conveyancing Law 1959 – Party structures.

Section 66 Property and Conveyancing Law 1959 – Transitional provisions in First Schedule.

Part III – Contracts, Conveyances and other Instruments

Section 67 Property and Conveyancing Law 1959 – Contracts for sale, etc., of land to be in writing.

Section 68 Property and Conveyancing Law 1959 – Stipulations not of the essence of a contract.

Section 69 Property and Conveyancing Law 1959 – Provisions as to contracts.

Section 70 Property and Conveyancing Law 1959 – Statutory commencements of title.

Section 71 Property and Conveyancing Law 1959 – Other statutory conditions of sale.

Section 72 Property and Conveyancing Law 1959 – Application of insurance money on completion of a sale or exchange.

Section 73 Property and Conveyancing Law 1959 – Stipulations preventing a purchaser, lessee, or underlessee from employing his own solicitor to be void.

Section 74 Property and Conveyancing Law 1959 – Applications to the court by vendor and purchaser.

Section 75 Property and Conveyancing Law 1959 – Discharge of incumbrances by the court on sales or exchanges.

Section 76 Property and Conveyancing Law 1959 – Lands lie in grant only.

Section 77 Property and Conveyancing Law 1959 – Conveyances to be by deed.

Section 78 Property and Conveyancing Law 1959 – Instruments required to be in writing.

Section 79 Property and Conveyancing Law 1959 – Creation of interests in land by parol.

Section 80 Property and Conveyancing Law 1959 – Savings in regard to last two sections.

Section 81 Property and Conveyancing Law 1959 – Persons taking who are not parties and as to indentures.

Section 82 Property and Conveyancing Law 1959 – Description of deeds.

Section 83 Property and Conveyancing Law 1959 – Provisions as to supplemental instruments.

Section 84 Property and Conveyancing Law 1959 – Conditions and certain covenants not implied.

Section 85 Property and Conveyancing Law 1959 – Abolition of technicalities in regard to conveyances and deeds.

Section 86 Property and Conveyancing Law 1959 – Construction of expressions used in deed and other instruments.

Section 87 Property and Conveyancing Law 1959 – General words implied in conveyances.

Section 88 Property and Conveyancing Law 1959 – All estate clause implied.

Section 89 Property and Conveyancing Law 1959 – Production and safe custody of documents.

Section 90 Property and Conveyancing Law 1959 – Reservation of legal estates.

Section 91 Property and Conveyancing Law 1959 – Confirmation of past transactions.

Section 92 Property and Conveyancing Law 1959 – Receipt in deed sufficient.

Section 93 Property and Conveyancing Law 1959 – Receipt in deed or indorsed evidence.

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Section 94 Property and Conveyancing Law 1959 – Receipt in deed or indorsed authority for payment to solicitor.

Section 95 Property and Conveyancing Law 1959 – Release of part of land affected from a judgment.

Section 96 Property and Conveyancing Law 1959 – Conveyances by a person to himself, etc.

Section 97 Property and Conveyancing Law 1959 – Execution of deeds by an individual.

Section 98 Property and Conveyancing Law 1959 – Execution of instruments by or on behalf of corporations.

Section 99 Property and Conveyancing Law 1959 – Rights of purchaser as to execution.

Section 100 Property and Conveyancing Law 1959 – Covenants for title.

Section 101 Property and Conveyancing Law 1959 – Implied covenants in conveyances subject to rents.

Section 102 Property and Conveyancing Law 1959 – Benefits of covenants relating to land.

Section 103 Property and Conveyancing Law 1959 – Burden of covenants relating to land.

Section 104 Property and Conveyancing Law 1959 – Covenants binding land.

Section 105 Property and Conveyancing Law 1959 – Effect of covenant with two or more jointly.

Section 106 Property and Conveyancing Law 1959 – Covenants and agreements entered into by a person with himself and another or others.

Section 107 Property and Conveyancing Law 1959 – Construction of implied covenants.

Part IV – Mortgages, and Powers of Attorney

Section 108 Property and Conveyancing Law 1959 – Mode of mortgaging freeholds.

Section 109 Property and Conveyancing Law 1959 – Mode of mortgaging leaseholds.

Section 110 Property and Conveyancing Law 1959 – Charges by way of legal mortgage.

Section 111 Property and Conveyancing Law 1959 – Realization of freehold mortgages.

Section 112 Property and Conveyancing Law 1959 – Realization of leasehold mortgages.

Section 113 Property and Conveyancing Law 1959 – Realization of equitable charges by the court.

Section 114 Property and Conveyancing Law 1959 – Sale of mortgaged property in action for redemption or foreclosure.

Section 115 Property and Conveyancing Law 1959 – Restriction on consolidation of mortgages.

Section 116 Property and Conveyancing Law 1959 – Tacking and further advances.

Section 117 Property and Conveyancing Law 1959 – Obligation to transfer instead of reconveying and as to right to take possession.

Section 118 Property and Conveyancing Law 1959 – Regulations respecting inspection, production and delivery of documents, and priorities.

Section 119 Property and Conveyancing Law 1959 – Priorities as between mortgages.

Section 120 Property and Conveyancing Law 1959 – Actions for possession by mortgagors.

Section 121 Property and Conveyancing Law 1959 – Leasing powers of mortgagor and mortgagee in possession.

Section 122 Property and Conveyancing Law 1959 – Powers of mortgagor and mortgagee in possession to accept surrenders of leases.

Section 123 Property and Conveyancing Law 1959 – Powers incident to estate or interest of mortgagee.

Section 124 Property and Conveyancing Law 1959 – Provision as to mortgages of undivided shares in land.

Section 125 Property and Conveyancing Law 1959 – Regulation of exercise of power of sale.

Section 126 Property and Conveyancing Law 1959 – Conveyance on sale.

Section 127 Property and Conveyancing Law 1959 – Application of proceeds of sale.

Section 128 Property and Conveyancing Law 1959 – Provisions as to exercise of power of sale.

Section 129 Property and Conveyancing Law 1959 – Mortgagee’s receipts, discharges, etc.

Section 130 Property and Conveyancing Law 1959 – Amount and application of insurance money.

Section 131 Property and Conveyancing Law 1959 – Appointment, powers, remuneration and duties of receiver.

Section 132 Property and Conveyancing Law 1959 – Effect of advance on joint account.

Section 133 Property and Conveyancing Law 1959 – Notice of trusts affecting mortgage debts.

Section 134 Property and Conveyancing Law 1959 – Transfers of mortgages.

Section 135 Property and Conveyancing Law 1959 – Reconveyances of mortgages by endorsed receipts.

Section 136 Property and Conveyancing Law 1959 – Cesser of mortgage terms.

Section 137 Property and Conveyancing Law 1959 – Forms of statutory legal charges.

Section 138 Property and Conveyancing Law 1959 – Forms of statutory transfers of legal charges.

Section 139 Property and Conveyancing Law 1959 – Implied covenants, joint and several.

Section 140 Property and Conveyancing Law 1959 – Form of discharges of statutory mortgage or charge.

Section 141 Property and Conveyancing Law 1959 – Execution under power of attorney.

Section 142 Property and Conveyancing Law 1959 – Payment by attorney under power without notice of death, etc.

Section 143 Property and Conveyancing Law 1959 – Effect of irrevocable power of attorney for value.

Section 144 Property and Conveyancing Law 1959 – Effect of power of attorney irrevocable for a fixed time.

Section 145 Property and Conveyancing Law 1959 – Devolution of power of attorney given to a purchaser.

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Section 146 Property and Conveyancing Law 1959 – Power of attorney granted by married women.

Part V – Equitable Interests and Things In Action

Section 147 Property and Conveyancing Law 1959 – Abolition of the rule in Shelley’s case.

Section 148 Property and Conveyancing Law 1959 – As to heir taking by purchase.

Section 149 Property and Conveyancing Law 1959 – Restriction on executory limitations.

Section 150 Property and Conveyancing Law 1959 – Legal assignments of things in action.

Section 151 Property and Conveyancing Law 1959 – Effect of registration of equitable interest.

Section 152 Property and Conveyancing Law 1959 – Dealings with equitable interests in personalty.

Section 153 Property and Conveyancing Law 1959 – Power to nominate a trust corporation to receive notices.

Part VI – Leases and Tenancies

Section 154 Property and Conveyancing Law 1959 – Effect of extinguishment of reversion.

Section 155 Property and Conveyancing Law 1959 – Apportionment of conditions on severance.

Section 156 Property and Conveyancing Law 1959 – Rent and benefit of lessee’s covenants to run with the reversion.

Section 157 Property and Conveyancing Law 1959 – Obligation of lessor’s covenants to run with reversion.

Section 158 Property and Conveyancing Law 1959 – Effect of licences granted to lessees.

Section 159 Property and Conveyancing Law 1959 – No fine to be exacted for licence to assign.

Section 160 Property and Conveyancing Law 1959 – Lessee to give notice of ejectment to lessor.

Section 161 Property and Conveyancing Law 1959 – Restrictions on and relief against forfeiture of leases and underleases.

Section 162 Property and Conveyancing Law 1959 – Waiver of a covenant in a lease.

Section 163 Property and Conveyancing Law 1959 – Abolition of interesse termini, and as to reversionary leases and leases for lives.

Section 164 Property and Conveyancing Law 1959 – Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.

Section 165 Property and Conveyancing Law 1959 – Provision as to attornments by tenants.

Section 166 Property and Conveyancing Law 1959 – Leases invalidated by reason of non-compliance with terms of powers under which they are granted.

Section 167 Property and Conveyancing Law 1959 – Application of Part VI to existing leases.

Part VII – Powers

Section 168 Property and Conveyancing Law 1959 – Release of powers simply collateral.

Section 169 Property and Conveyancing Law 1959 – Disclaimer of power.

Section 170 Property and Conveyancing Law 1959 – Protection of purchasers claiming under certain void appointments.

Section 171 Property and Conveyancing Law 1959 – Validation of appointments where objects are excluded or take illusory shares.

Section 172 Property and Conveyancing Law 1959 – Execution of powers not testamentary.

Section 173 Property and Conveyancing Law 1959 – Application of Part VII to existing powers.

Part VIII – Perpetuities and Accumulations

Section 174 Property and Conveyancing Law 1959 – Abolition of the double possibility rule.

Section 175 Property and Conveyancing Law 1959 – Restrictions on the perpetuity rule.

Section 176 Property and Conveyancing Law 1959 – Validation of certain gifts void for remoteness.

Section 177 Property and Conveyancing Law 1959 – General restrictions on accumulation of income.

Section 178 Property and Conveyancing Law 1959 – Qualification of restrictions on accumulation.

Section 179 Property and Conveyancing Law 1959 – Restriction on accumulation for the purchase of land.

Part IX – Lunatics

Section 180 Property and Conveyancing Law 1959 – Power for court to settle the beneficial interests of a lunatic.

Part X – Voidable Dispositions

Section 181 Property and Conveyancing Law 1959 – Voluntary conveyances to defraud creditors voidable.

Section 182 Property and Conveyancing Law 1959 – Voluntary disposition of land: how far voidable as against purchasers.

Section 183 Property and Conveyancing Law 1959 – Acquisitions of reversions at an under-value.

Part XI – Miscellaneous

Section 184 Property and Conveyancing Law 1959 – Provisions as to corporations.

Section 185 Property and Conveyancing Law 1959 – Dissolution of a corporation.

Section 186 Property and Conveyancing Law 1959 – Protection of solicitor and trustees adopting Law.

Section 187 Property and Conveyancing Law 1959 – Merger.

Section 188 Property and Conveyancing Law 1959 – Rights of pre-emption capable of release.

Section 189 Property and Conveyancing Law 1959 – Legal easements.

Section 190 Property and Conveyancing Law 1959 – Power to direct division of chattels.

Section 191 Property and Conveyancing Law 1959 – Indemnities against rents.

Section 192 Property and Conveyancing Law 1959 – Regulations respecting notices.

Section 193 Property and Conveyancing Law 1959 – Effect of registration of instrument under Land Instruments Registration Law.

Section 194 Property and Conveyancing Law 1959 – Restrictions on constructive notice.

Section 195 Property and Conveyancing Law 1959 – Notice of restrictive covenants and easements.

Part XII – General Provisions

Section 196 Property and Conveyancing Law 1959 – Provisions of Law to apply to incorporeal hereditaments.

Section 197 Property and Conveyancing Law 1959 – Payment into court, jurisdiction and procedure.

Section 198 Property and Conveyancing Law 1959 – Orders of court conclusive.

Section 199 Property and Conveyancing Law 1959 – Application to the Crown.


Schedules – (Not Available)


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