Section 101 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 101 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Implied covenants in conveyances subject to rents. It provides as follows:

(1) In addition to the covenants implied under the last preceding section, there
shall in the several cases in this section mentioned, be deemed to be included and implied, a covenant to the effect in this section stated, by and with such persons as are hereinafter mentioned, that is to say:

(a) In a conveyance for valuable consideration, other than a mortgage, of the entirety of the land comprised in a lease, for the residue of the term or interest created by the lease, a covenant by the assignee or joint and several covenants by the assignees (if more than one) with the conveying parties and with each of them (if more than one) in the terms set out in Part VII of the Second Schedule to this Law. Where a rent has been apportioned in respect of any land, with the consent of the lessor, the covenants in this paragraph shall be implied in the conveyance of that land in like manner as if the apportioned rent were the original rent reserved, and the lease related solely to that land;

(b) In a conveyance for valuable consideration, other than a mortgage, of part of the land comprised in a lease, for the residue of the term or interest created by the lease, subject to a part of the rent which has been or is by the conveyance apportioned (but in either case without the consent of the lessor) in respect of the land conveyed:

(i) A covenant by the assignee of the land, or joint and several covenants by the
assignees, if more than one, with the conveying parties and with each of them, if more than one, in the terms set out in paragraph (i) of Part VIII of the Second
Schedule to this Law;
(ii) A covenant by a person who conveys or is expressed to convey as beneficial
owner, or joint and several covenants by the persons who so convey or are expressed to so convey, if at the date of the conveyance any part of the land comprised in the lease is retained, with the assignees of the land and with each of them (if more than one) in the terms set out in paragraph (ii) of Part VIII of the Second Schedule to this Law.

(2) Where in a conveyance for valuable consideration, other than a mortgage, part of land comprised in a lease is, without the consent of the lessor, expressed to be conveyed
(i) subject to the entire rent then paragraph (b) (i) of the last sub-section, shall have effect as if the entire rent were the apportioned rent; or
(ii) discharged or exonerated from the entire rent-then paragraph (b) (ii) of the last
sub-section shall have effect as if the entire rent were the balance of the rent, and the words “other than the covenant to pay the entire rent” had been omitted.

(3) In this section “conveyance” does not include a demise by way of lease at a rent.

(4) Any covenant which would be implied under this section by reason of a person conveying or being expressed to convey as beneficial owner may, by express reference to this section, be implied, with or without variation, in a conveyance, whether or not for valuable consideration, by a person who conveys or is expressed to convey 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.

(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 deed, 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) In particular any covenant implied under this section may be extended by providing that
(a) the land conveyed; or
(b) the part of the land demised which remains vested in the covenantor; shall, as the case may require, stand charged with the payment of all money which may become payable under the implied covenant.

(8) This section applies only to conveyances made after the commencement of this Law.