Section 104 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 104 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Covenants binding land. It provides as follows:

(1) A covenant and a bond and an obligation or contract under seal made after
the thirty-first day of December, eighteen hundred and ninety-nine, binds the real
estate as well as the personal estate of the person making the same if and so far as a contrary intention is not expressed in the covenant, bond, obligation, or contract.
This sub-section extends to a covenant implied by virtue of this Law.

(2) Every covenant running with the land, whether entered into before or after the
commencement of this Law, shall take effect in accordance with any statutory
enactment affecting the devolution of the land, and accordingly the benefit or burden
of every such covenant shall vest in or bind the persons who by virtue of any such enactment or otherwise succeed to the title of the covenantee or the covenantor, as
the case may be.

(3) The benefit of a covenant relating to land entered into after the commencement
of this Law may be made to run with the land without the use of any technical
expression if the covenant is of such a nature that the benefit could have been made to run with the land before the commencement of this Law.

(4) For the purposes of this section, a covenant runs with the land when the benefit
or burden of it, whether at law or in equity, passes to the successors in title of the
covenantee or the covenantor, as the case may be.