BALANCING EQUITY AND FINANCIAL SECURITY: A CRITICAL EXAMINATION OF CONVEYANCING LIENS IN NIGERIA

Abstract

This paper offers a critical examination of conveyancing liens within the Nigerian legal framework, focusing on their nature, enforcement, and doctrinal complexities. Conveyancing liens—both vendor’s and purchaser’s—are recognized as equitable remedies that secure unpaid financial obligations in property transactions. The study traces their jurisprudential development through landmark decisions such as Afrotec Tech. Services (Nig.) Ltd. v. MIA & Sons Ltd. and Williams v. Hope Rising Voluntary Funds Society, highlighting the Nigerian judiciary’s evolving stance on equitable interests and the boundaries of fiduciary conduct. It evaluates the challenges arising from the absence of statutory codification, procedural inconsistencies, and vulnerability to bona fide purchasers. The paper further explores competing jurisprudential views on the creation of liens, enforcement limitations due to reliance on judicial discretion, and the subordination of liens to registered legal interests. Ultimately, the study advocates for legislative reform to harmonize practice, enhance enforceability, and ensure that conveyancing liens fulfill their protective role without undermining transactional integrity.