Section 85 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 85 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Abolition of technicalities in regard to conveyances and deeds. It provides as follows:

(1) A conveyance of freehold land to any person without words of limitation, or
any equivalent expression, shall pass to the grantee the fee simple or other the whole interest which the grantor had power to convey in such land, unless a contrary intention appears in the conveyance.

(2) A conveyance of freehold land to a corporation sole by his corporate designation
without the word “successors” shall pass to the corporation the fee simple or other
the whole interest which the grantor had power to convey in such land, unless a
contrary intention appears in the conveyance.

(3) In a voluntary conveyance a resulting trust for the grantor shall not be implied
merely by reason that the property is not expressed to be conveyed for the use or
benefit of the grantee.

(4) The foregoing provisions of this section apply only to conveyances and deeds
executed after the commencement of this Law:

Provided that in a deed executed after the thirty-first day of December, eighteen
hundred and ninety-nine it is sufficient in the limitation of an estate in fee simple, to
use the words “in fee simple” without the word “heirs”.