CAPE 2005 SECTION A

Answer this COMPULSORY question.

1. Rasheed is the owner of 15 Bank Lane on which is located a building which houses
apartment. At lunch with his friend Dilip, Rasheed says that he is thinking of selling
the property and that he has an offer of $450 000.00. Dilip, who has always liked the
property, offers Rasheed $500 000.00. Rasheed says, “No problem, consider it sold.”

Before the contract is signed, Dilip sends his architect, Thomas, to inspect the
property. Thomas enters a darkened room in the basement, on the door of which is a
sign “DANGER-DO NOT ENTER”. He is injured in the room when he trips over the
broiler.

(A) Rasheed contacts Dilip to say that he will still let him have the property of
Dilip will give him a further $50 000.00 “under the table” do that they will pay
reduced transfer tax. Dilip refuses.

Advise Rasheed of the principle of contract on which Dilip could challenge him.

[10 marks]
CAPE 2005 MODULE 3: REAL PROPERTY

Answer ONE question.

2. In January 2002 Cain applies to Gimme Bank for a loan and offers as security
therefore the registered title in respect of his land at 15 Ragabuffing Bay.

In February 2002 Gimme Bank causes a caveat/caution to be lodged in protection of

its equitable mortgage.

In March 2002 Cain sells the land to Abel. Abel enters into possession of 15
Ragabuffing Bay and builds a three-bedroom house in which he lives with his wife
and 8 children.

In December, Cain having defaulted on the loan, the bank brings an action for a
declaration that is equitable mortgage ranked in priority to the rights of Abel. Abel
agreed to hold his stamped transfer documents until Gimme Bank released the title.
He is unaware that they lodged a caveat.

(a) Explain the effects of the bank lodging a caveat or caution against 15 Ragabuffing
Bay. [10 marks]
(b) Discuss whether Abel would be successful in defeating the bank’s claim to a
mortgage interest in 15 Ragabuffing Bay. [15 marks]

Total 25 marks

3. “A house may be a chattel or a fixture depending upon whether it was intended to

form part of the land on which it stands.”

Wooding CJ in Mitchell v.Cowie

Using appropriate illustrations, discuss this view of the ‘chattel house’.

Total 25 marks

4. “Now there is a principle which I will accept without qualification… that on a

mortgage you cannot by contract between the mortgagor and the mortgagee, clog, as
it is termed, the equity of redemption so as to prevent the mortgagor from redeeming
on payment of principal interest and costs.”

Using appropriate illustrations, discuss this view in relation to the ‘equity of redemption’.
Total 25 marks
CAPE 2007 SECTION A

Answer this COMPULSORY question.

1. Kenyatta, the free holder of a one-storey building, granted a lease to Ruiz for seven years
to operate a restaurant, giving him permission to use the empty lot next door as a car
park. Kenyatta gave Ruiz permission to renovate the building and make the necessary
changes to accommodate the restaurant. Ruiz spent $25 000.00 to renovate the shop. He
then sublet the shop to Candice to operate the restaurant. Ruiz presented his bill to
Kenyatta who accepted it and wrote on it “I.O.U”.

When the first lease expired, Kenyatta offered to sell the property to Ruiz for $100
000.00 and refused to consider the $25 000.00 previously spent by Ruiz. Ruiz refused to
purchase the property. Kenyatta gave him notice to quit but he refused to move out of the
premises. One month later Kenyatta set up a pig farm next to the restaurant. Because of
the constant horrible odours coming from the pig farm, Candice’s customers stopped
coming to the restaurant and Candice lost thousands of dollars in business. Candice also
became ill from constantly inhaling the odours. Eventually she had to close down the
restaurant because all of her customers had stopped coming there.

Advise the following persons:

(c) Candice on whether she, as a sub-tenant, would succeed in a claim against Kenyatta
for breach of any covenants under the lease. [10 marks]
CAPE 2007 MODULE 3: REAL PROPERTY

Answer ONE question.

2. Flint Stone lived on a Commonwealth Caribbean country. He had one son, Anthony, who
emigrated to America, and two nieces, Jill and Mary. In 1995, Jill told him about her
plans to do agriculture, and Flint offered her the use of an unoccupied cottage he owned
in the countryside. “You are welcome to use it,” he said. “It needs quite a lot of work to
make it habitual, but you don’t need to pay me any rent.”

Jill moved into the cottage, made it habitable and started her poultry business.

Mary was unemployed, and in 1997, when Flint’s housekeeper died, he suggested to
Mary that she should come and live with him in his house in the city and assist him as
unpaid housekeeper and secretary. In 1999, when Flint was ill, he told Mary not to worry
about the future as he was leaving her the city house in his will. In 2000 Flint retired, sold
the city house and bought a bungalow by the sea. Flint and Mary lived in the bungalow
for two months until his death later in 2000. In his will Flint Stone left his whole estate to
his son, Anthony, who now seeks possession of both the cottage in the country and the
bungalow.

(a) Jill has brought an action against Anthony claiming a right to the countryside cottage.
Advise Anthony whether there is any likelihood of Jill succeeding in her claim.
[15 marks]

(b) Advise Mary on whether she has any legal interest in her uncle’s property.

[10 marks]
Total 25 marks

3. (a) Explain THREE remedies available to a mortgage to enforce his security.

[15 marks]

b) Describe the circumstances which may influence the mortgage to choose among
the available remedies. [10 marks]
Total 25 marks
4. Abbott and Costello own adjoining farms and for over twenty years Abbott used a
narrow, rough dirt track leading from his farm over Costello’s land to the main road.
However, when the weather is bad the truck is hardly passable. Abbott and Costello have
been friends and Costello has never objected to Abbott’s use of the track. Abbott and
Costello quarrel and when Abbott starts to pave the track to make it passable to vehicles,
Costello writes him, “withdrawing the permission I gave you to use the track.” Costello
then erects a fence across the track, barring access to Abbott’s farm.

Advise Abbott on

(a) Whether he has acquired an easement over Costello’s land [15 marks]

(b) The remedies that would be available to him to protect his legal interest

[10 marks]

Total 25 marks
CAPE 2008 SECTION A

MODULE 3: REAL PROPERTY

Answer this question

1.
(a) Neville and his sister Elsa have been in a long dispute over a plot of land
that their parents, now deceased, left to them as tenants-in-common. Elsa
wants to subdivide the land so that she can get her own separate title, but
Neville refuses to sign the documents.

(i) Explain to Neville the nature of a tenancy-in-common. [ 6 marks]

(ii) Outline briefly what relief will be available from the Court, so that Elsa
can assert her right. [ 4 marks]
Total 30 marks

CAPE 2008 MODULE 3: REAL PROPERTY

 Answer ONE question

1. (a) Describe the features of a lease. Refer to decided cases to illustrate your answer.
[15 marks]

(b) Distinguish between a lease and a license. [10 marks]

Total 25 marks

2. Explain the criteria that determine whether a structure is a chattel or a fixture.

Refer to decided cases to support your answer. [25 marks]

3. (a) Outline TWO situations where the court of equity will enforce a benefit under a
restrictive covenant. [12 marks]

(b) Rambo lives in Paradise Gardens where, among the restrictive covenants on the

title, are the following:

 No commercial activity
 No building shall be more than one storey high

Rambo starts construction of a second storey on his house. He intends to use the ground
floor as a grocery. He is served with a stop order by the local council after complaints
from neighbors.

Explain to Rambo whether he can appeal successfully against the stop order.

Refer to decided cases to support your answer. [13 marks]

Total 25 marks

CAPE 2010 MODULE 3: REAL PROPERTY

 Answer ONE question

1. (a) Explain FOUR unities of a joint-tenancy. [ 15 marks]

(b) Your clients, Mr and Mrs Chang Fung, have ten children between them. He has five
boys by a previous marriage, she has three daughters before she was married and together
they have two children. Mr and Mrs Chang Fung are seeking your advice on whether they
should purchase the High Hill Estate as joint tenants or as tenants-in-common.

Explain to your clients the differences between ‘joint tenancy’ and ‘tenancy-in-common’
State which option you would recommend, giving reasons for your answer. [10 marks]
Total 25 marks

2. (a) With reference to at least FOUR cases, explain the requirements for an easement.
[18 marks]
(b) Outline any TWO methods of acquiring an easement, citing at least ONE case.
[7 marks]
Total 25 marks

CAPE 2011 MODULE 3: REAL PROPERTY

Answer ONE question

 1. Patrick and Asha bought a house with the help of a mortgage from the East-West
Mortgage and Finance Company. Asha is unemployed and Patrick loses his job and has
been unable to make the mortgage payments for six months.

Outline the remedies available to the finance company to enforce its security.
Total 25 marks

2. (a) With reference to at least ONE decided case, distinguish between ‘tenancy-for-life’
and ‘tenancy-at-will’. [15 marks]
(b) In 1970, Angela Smith registered a Deed which conveyed her property to herself for
life and after her death to her daughters, Jeanette and Claudette, as joint tenants. In 1973,
Jeanette was involved in a vehicular accident and died. Angela Smith’s great grandson
John, born in 1978, lived with her from the time he was a baby and was very close to her.
Mrs Smith died in 2001 and Claudette immediately gave John a notice to quit.

Advise John on his legal rights, if any. [10 marks]

Total 25 marks

CAPE 2014 SECTION C

MODULE 3: REAL PROPERTY

Answer ONE question from this section.

 EITHER

1. Distinguish between a ‘lease’ and a ‘licence’. [10 marks]

(b) Punchinello allows his nephew, Pinochio, to stay in an apartment downstairs his house
until he can find an apartment to rent. Pinochio and his wife move in and continue to live
there for 16 years, making improvements to the apartment without any objections from
Punchinello. Punchinello dies and his wife, Tanya, informs Pinochio that she needs the
apartment. Pinochio refuses to move out saying that his uncle had given him the
apartment. Tanya wants to sue Pinochio to get back the apartment from him.

Explain to Tanya whether she can succeed in an action to recover the apartment from Pinochio.
[15 marks]

Total 25 marks

OR

2. Distinguish between ‘joint tenancy’ and ‘tenancy-in-common’. [10 marks]

(b) Darius ad his wife, Karlene, purchase a house as joint tenants. They have two
children, Sean and Tiana. Unknown to Karlene, Darius makes a will which states
‘I give my half share in my house to my sister Patricia’. Six months after making
his will, Darius gets into an accident and dies on the spot. Karlene, on hearing of
her husband’s death, gets a heart attack and dies suddenly. Patricia is seeking to
claim her half share of the house, and Leslie, Karlene’s daughter by a previous
marriage, claims that she is entitled to her mother’s share in the house.

(i) Advise Patricia and Leslie on whether they could succeed in an action against Sean
and Tiana. [10 marks]

(ii) Explain how different your answer would be if Darius had severed the joint tenancy
before he died. [5 marks]

Total 25 marks