Section 118 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 118 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Regulations respecting inspection, production and delivery of documents, and priorities. It provides as follows:

(1) A mortgagor, as long as his right to redeem subsists, shall be entitled from
time to time, at reasonable times, on his request, and at his own cost, and on payment of the mortgagee’s costs and expenses in this behalf, to inspect and make copies or abstracts of or extracts from the documents of title relating to the mortgaged property in the custody or power of the mortgagee.

This section applies to mortgages made after the thirty-first day of December,
eighteen hundred and ninety-nine, and takes effect notwithstanding any stipulation
to the contrary.

(2) A mortgagee, whose mortgage is surrendered or otherwise extinguished, shall
not be liable on account of delivering documents of title in his possession to the
person not having the best right thereto, unless he has notice of the right or claim of
a person having a better right, whether by virtue of a right to require a surrender or
re-conveyance or otherwise.

In this sub-section notice does not include notice implied by reason of registration
under the Land Instruments Registration Law.