Section 63 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 63 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Joint tenancies. It provides as follows:

(1) Where a legal estate is beneficially limited to or held in trust for any persons
as joint tenants, the same shall be held on trust for sale, in like manner as if the
persons beneficially entitled were tenants in common, but not so as to sever their
joint tenancy in equity.

(2) No severance of a joint tenancy of a legal estate, so as to create a tenancy in
common in land, shall be permissible, whether by operation of law or otherwise, but this sub-section does not affect the right of a joint tenant to release his interest to the other joint tenants, or the right to sever a join: tenancy in an equitable interest whether or not the legal estate is vested in the joint tenants:

Provided that, where a legal estate is vested in joint tenants beneficially, and any
tenant desires to sever the joint tenancy in equity, he shall give to the other joint tenants a notice in writing of such desire or do such other acts or things as would, as in the case of personal estate, have been effectual to sever the tenancy in equity, and thereupon under the trust for sale affecting the land the net proceeds of sale, and the net rents and profits until sale, shall be held upon the trusts which would have been requisite for giving effect to the beneficial interests if there had been an actual severance.

Nothing in this Law affects the right of a survivor of joint tenants, who is solely and beneficially interested, to deal with his legal estate as if it were not held on trust for sale.

(3) Without prejudice to the right of a joint tenant to release his interest to the other joint tenants no severance of a mortgage term or trust estate, so as to create a tenancy in common, shall be permissible.