Section 6 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 6 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Creation and disposition of equitable interests. It provides as follows:

(1) Interests in land validly created or arising after the commencement of this Law,
which are not capable of subsisting as legal estates, shall take effect as equitable
interests, and, save as otherwise expressly provided by statute, interests in land
which under the Statute of Uses or otherwise could before the commencement of
this Law have been created as legal interests, shall be capable of being created as equitable interests:

Provided that, after the commencement of this Law (and save as hereinafter
expressly enacted), an equitable interest in land shall only be capable of being validly created in any case in which an equivalent equitable interest in property real or personal could have been validly created before such commencement.

(2) All rights and interests in land may be disposed of, including
(a) a contingent, executory or future equitable interest in any land, or a possibility
coupled with an interest in any land, whether or not the object of the gift or limitation of such interest or possibility be ascertained;

(b) a right of entry, into or upon land whether immediate or future, and whether
vested or contingent.

(3) All rights of entry affecting a legal estate which are exercisable on condition
broken or for any other reason may after the commencement of this Law, be made exercisable by any person and the persons deriving title under him, but, in regard to an estate in fee simple only within the period authorised by the rule relating to perpetuities.

See also  Section 166 Federal Competition and Consumer Protection Act 2018


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