THE UNIVERSITY OF THE WEST INDIES
EXAMINATIONS OF
JULY
2009
CODE AND NAME OF COURSE : LAW2210 - REAL PROPERTY 1
DURATION : 2 HOURS
DATE AND TIME :
INSTRUCTIONS TO CANDIDATES : This paper has 4 pages and 6 questions.
Answer THREE (3) questions, at least ONE (1) from SECTION A and ONE (1) from SECTION B.
Answers maybe confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context
indicates otherwise.
SECTIONA
1.
Answer BOTH (a) AND (b)
(a)
The three main kinds of freehold estates are practically the same . They have the same
attributes and it is mere pedantry to attempt to distinguish one from the other ."
Discuss.
AND
(b)
2.
What are the distinguishing features of joint tenancy and tenancy in common?
Answer BOTH (a) AND (b).
(a)
"Current legal developments in the Commonwealth Caribbean have made it unnecessary for
words of limitation to be used in a conveyance".
Comment.
AND
(b)
Analyse the significance of Walsh v. Lonsdale (1882).
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Page 2
3.
Answer BOTH (a) AND (b)
(a) "The judicial authorities tend to the view that a chattel-house is a fixture . But the various
tests for the determination of the question whether a structure is a fixture or not do not bear
out this judicial view that a chattel house is a fixture . .. . The statute law has only removed
the doubt on a tenant's right of removal of a chattel house, but has failed to provide an
answer to the question whether a chattel-house is fixture or not ."
Critically examine this statement.
AND
(b)
"l,do not think that the principles lying behind these decisions on [contractual licences] have
yet been fully explored and on occasion it seems that such rights are found to exist simply
on the ground that to hold otherwise would be a hardship to the plaintiff ."
Discuss.
SECTION B
4.
In 1997, Mike sold and conveyed Redacre to Nick. Mike delivered possession of the property to
Nick after receiving payment of the initial deposit of $20,000, i .e., 10% of the purchase price of
$200,000. In the conveyance, Mike acknowledged having received the full purchase price of
$200,000 . In 2000, Nick entered into a written contract to sell Redacre to Olson, who paid a sum
of $250,000 as the purchase price, and entered into possession of the property . Nick, however, did
not convey the property to Olson. Instead he (Nick) deposited the title deeds of Redacre with Dollar
Bank, which granted him a loan of $300,000 . In 2001, Nick succeeded in obtaining the title deeds
from the Manager of Dollar Bank . He then sold and conveyed the property to Dogood for
$350,000.
Dogood is seeking to recover possession of Redacre from Olson . Dollar Bank has instituted
proceedings to have Redacre sold in order to recover the sum of $300,000 advanced to Nick . Mike
is also making a claim to be paid out of the proceeds of the sale the outstanding debt of $180,000,
plus interest, which was owed to him on account of the 1997 sale transaction with Nick.
Identify all the possible issues and advise the parties .
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5.
Answer BOTH (a) AND (b)
(a)
Seth wrongfully entered into possession of Freeacre, which belonged to Ted in fee simple.
Ted predeceased Seth . Ted's Will provided, inter alia, "All real estate of which I shall die
seised I devise to my beloved brother, Xavier" . After the death of Seth, his wife Uclan and
daughter Vick, continued to occupy Freeacre . By his Will Seth devised Freeacre to Uclan.
Subsequently, Uclan married Willie, who also moved into Freeacre . Uclan died a year later,
having devised Freeacre to Vick . Vick brings an action against Willie for eviction and a
declaration of title . Xavier is also contemplating a similar action against Vick and Willie.
Advise Willie, Vick and Xavier.
AND
(b)
In 2000, Bill made a grant of his fee simple estate "Oil Land", which contained 12 acres, to
A, B, C, D and E in fee simple.
In 2002, E entered into an agreement to sell his interest in the "Oil Land" to F in fee simple.
However, the sale transaction could not be completed before the death of E in 2003.
In 2004, A instituted court proceedings for a declaration as to whether the grant of "Oil
Land" made by Bill in 2000 created a tenancy in common or a joint tenancy.
B now wishes to have his share of "Oil Land", but C does not agree to a division of the
property . C would prefer to purchase the whole property rather than have it divided.
Advise the parties.
6 . Adam and his wife Eve purchase Bigacre as joint tenants, with a view to developing it as a housing
estate after the construction of a proposed new road running parallel to it . In the meantime, they
think of using it to grow vegetables or for sugarcane cultivation . They also own Eden, their
matrimonial home, as joint tenants . In 1985, Eve leaves for New York, where she has since been
working to support their children . Mary thereafter starts to live with Adam as man and wife.
In 1986, Mary and Adam begin to cultivate a 2000 square feet strip of Bigacre with vegetable crops.
Mary is assured by Adam that Bigacre belongs to him exclusively.
Eve returns from New York in 1989 for the Crop Over Festival and finds Mary living with her
husband, Adam, in Eden, their matrimonial home . Mary is evicted by Eve from Eden after a violent
confrontation . Eve goes back to New York after three weeks, taking with her all her possessions
from Eden, except her wedding ring which she leaves behind in Eden .
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In 1999, Mary is wooed back and returns to live with Adam in Eden . She continues cultivating
vegetable crops on Bigacre.
In 2002, Mary and Adam begin to grow sugarcane on an outlying portion of about 18,000 square
feet of Bigacre, which is later enclosed in order to protect it from intruders.
Eve does not come back from New York until the 2004 Crop Over Festival . On this visit in 2004,
Eve does not have access to Eden, because Adam and Mary have changed the lock for the gate and
all the keys for the house in January, 2004.
Eve threatens legal action against Adam and Mary.
Advise the parties . Assume for the purposes of this question that the limitation period for the
commencement of action in respect of land is 12 years.
END OF PAPER