Section 249
Agreements by chargor implied in all charges
of National Land Code (Revised - 2020)
(1)
In every charge created under this Act, there shall be implied on the part of the chargor—
(a)
an agreement that he will comply with the provisions thereof as to payment of the sum or sums thereby secured, and with any provision for the payment of interest thereon, if any; and
(b)
an additional agreement in the terms set out in subsection (2)
or (3), according as the subject matter of the charge is land or a lease.
267
Act 828
(2)
The additional agreement by the chargor in the case of a charge of land shall be an agreement that he will during the continuance of the charge—
(a)
pay all rent falling due to the State Authority in respect of the land, and all rates, taxes and other outgoings relating thereto, and
(b)
duly observe and perform all conditions, express or implied, to which the land is subject.
(3)
The additional agreement by the chargor in the case of a charge of any lease shall be an agreement that he will during the continuance of the charge pay the rent reserved by the lease, and duly observe and perform all other provisions thereof, express or implied.
Agreements by chargor implied in absence of contrary intention 250.
In every charge created under this Act, the following agreements on the part of the chargor shall be implied in the absence of any express provision to the contrary:
(a)
that he will keep in repair all buildings on the land thereby charged or, where it is a lease that is charged, any building or part of a building comprised in, or forming the subject matter of, the lease;
(b)
that he will keep every such building or part insured to its full value against loss or damage by fire, in the joint names of himself and the chargee, and with insurers approved by the latter;
(c)
that he will permit the chargee or his agent, at all convenient times and after giving reasonable notice
(being, in the case of country land, not less than two clear days’ notice)—
(i)
to enter, and inspect the state of repair of, any such building or part; or 268
National Land Code 401
(ii)
to enter, and inspect the state of maintenance or cultivation of, the charged land or, as the case may be, the land comprised in the charged lease; and
(d)
that in the event of his failing to comply with any of the provisions thereof, express or implied, other than the agreement specified in paragraph 249(1)(a)—
(i)
the chargee may (without prejudice to any other remedy available to him under this Act)
take such action as is necessary to remedy the breach; and
(ii)
the costs properly incurred by the chargee in that behalf shall, if demanded in writing and not sooner paid, be added to, and deemed for all the purposes of this Act to form part of, the first payment due under the charge after the date of the demand.
Implied agreement by chargee as to consent to leases, etc.