Section 100 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 100 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Covenants for title. It provides as follows:

(1) In a conveyance there shall, in the several cases in this section mentioned,
be deemed to be included, and there shall in those several cases, by virtue of this
Law, be implied, a covenant to the effect in this section stated, by the person or by
each person who conveys, as far as regards the subject-matter or share of subjectmatter expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the
conveyance is made as joint tenants, or with each of the persons, if more than one,
to whom the conveyance is (when the law permits) made as tenants in common, that is to say:

(a) In a conveyance for valuable consideration, other than a mortgage, a covenant by a person who conveys and is expressed to convey as beneficial owner in the terms set out in Part I of the Second Schedule to this Law;

(b) In a conveyance of leasehold property for valuable consideration, other than a
mortgage, a further covenant by a person who conveys and is expressed to convey
as beneficial owner in the terms set out in Part II of the Second Schedule to this Law;

(c) In a conveyance by way of mortgage (including a charge) a covenant by a person who conveys or charges and is expressed to convey or charge as beneficial owner in the terms set out in Part III of the Second Schedule to this Law;

(d) In a conveyance by way of mortgage (including a charge) of freehold property
subject to a rent or of leasehold property, a further covenant by a person who conveys or charges and is expressed to convey or charge as beneficial owner in the terms set out in Part IV of the Second Schedule to this Law;

(e) In a conveyance by way of settlement, a covenant by a person who conveys and
is expressed to convey as settlor in the terms set out in Part V of the Second Schedule to this Law;

(f) In any conveyance, a covenant by every person who conveys and is expressed to convey as trustee or mortgagee, or as personal representative of a deceased person, or as committee of a lunatic or under an order of the court, in the terms set out in Part VI of the Second Schedule to this Law, which covenant shall be deemed to extend to every such person’s own acts only, and may be implied in an assent by a personal representative in like manner as in a conveyance by deed.

(2) Where in a conveyance it is expressed that by direction of a person expressed to direct as beneficial owner another person conveys, then, for the purposes of this
section, the person giving the direction, whether he conveys and is expressed to
convey as beneficial owner or not, shall be deemed to convey and to be expressed to convey as beneficial owner the subject-matter so conveyed by his direction; and a
covenant on his part shall be implied accordingly.

(3) Where in a conveyance a person conveying is not expressed to convey as
beneficial owner, or as settlor, or as trustee, or as mortgagee, or as personal
representative of a deceased person, or as committee of a lunatic or under an order
of the court, or by direction of a person as beneficial owner, no covenant on the part
of the person conveying shall be, by virtue of this section, implied in the conveyance.

(4) In this section a conveyance does not include a demise by way of lease at a rent, but does include a charge and “convey” has a corresponding meaning.

(5) The benefit of a covenant implied as aforesaid shall be annexed and incident to,
and shall go with, the estate or interest of the implied covenantee, and shall be
capable of being enforced by every person in whom that estate or interest is, for the
whole or any part thereof, from time to time vested.

(6) A covenant implied as aforesaid may be varied or extended by a deed or an
assent, and, as so varied or extended, shall, as far as may be, operate in the like
manner, and with all the like incidents, effects, and consequences, as if such
variations or extensions were directed in this section to be implied.

(7) This section applies to conveyances made after the thirty-first day of December,
eighteen hundred and ninety-nine but only to assents by a personal representative
made after the commencement of this Law.