Section 45 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 45 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Power on dispositions to impose restrictions and make reservations and stipulations. It provides as follows:

(1) On a sale or other disposition or dealing under the powers of this Law
(a) any easement, right, or privilege of any kind may be reserved or granted over or
in relation to the trust land or any part thereof or other land, including the land
disposed of, and, in the case of an exchange, the land taken in exchange; and

(b) any restriction with respect to building on or other user of land, or with respect
to any other thing, may be imposed and made binding, as far as the law permits, by
covenant, condition or otherwise, on the trustees for sale and the trust land or any
part thereof, or on the other party and any land disposed of to him; and

(c) the whole or any part of any capital or annual sum charged on or payable out of
the land disposed of, or any part thereof, and other land subject to the settlement,
may as between the trustees for sale and the other party and persons deriving title
under or in succession to him (but without prejudice to the rights of the person
entitled to such capital or annual sum) be charged exclusively on the land disposed of, or any part thereof, or such other land as aforesaid, or any part thereof, in
exoneration of the rest of the land on or out of which such capital or annual sum is
charged or payable.

(2) A sale of land may be made subject to a stipulation that all or any of the timber
and other trees, pollards, tellers, underwood, saplings and plantations on the land
sold (in this section referred to as “timber”) or any articles attached to the land (in
this section referred to as “fixtures”) shall be taken by the purchaser at a valuation,
and the amount of the valuation shall form part of the price of the land, and shall be
capital money accordingly.

(3) Where on a sale the consideration attributable to any timber or fixtures is by
mistake paid to any person not entitled to receive it, then, if such person or the
purchaser or the persons deriving title under either of them subsequently pay the
aforesaid consideration, with such interest, if any, thereon as the court may direct,
to the trustees or other persons entitled thereto or into court, the court may, on the
application of the purchaser or the persons deriving title under him, declare that the
disposition is to take effect as if the whole of the consideration had at the date thereof been duly paid to the trustees or other persons entitled to receive the same.

The person, not entitled to receive the same, to whom the consideration is paid, and
his estate and effects shall remain liable to make good any loss attributable to the
mistake.