Section 4 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 4 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Conveyances over-reaching certain equitable interests and powers. It provides as follows:

(1) A conveyance to a purchaser of a legal estate in land shall overreach any
equitable interest or power affecting that estate, whether or not he has notice thereof, if:

(i) the conveyance is made by trustees for sale and the equitable interest or power is at the date of the conveyance capable of being overreached by such trustees and the statutory requirements respecting the payment of capital money arising under a disposition upon trust for sale are complied with;

(ii) the conveyance is made by a mortgagee or personal representative in the exercise of his paramount powers, and the equitable interest or power is capable of being overreached by such conveyance, and any capital money arising from the transaction is paid to the mortgagee or personal representative;

(iii) the conveyance is made under an order of the court and the equitable interest or power is bound by such order, and any capital money arising from the transaction is paid into, or in accordance with the order of, the court.

(2) Subject to the protection afforded by this section to the purchaser of a legal estate, nothing contained in this section shall deprive a person entitled to an equitable charge of any of his rights or remedies for enforcing the same.

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