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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]

Total 25 marks . [15 marks] Total 25 marks 3. 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. clog. Total 25 marks 4.” Using appropriate illustrations. discuss this view in relation to the ‘equity of redemption’. In February 2002 Gimme Bank causes a caveat/caution to be lodged in protection of its equitable mortgage. [10 marks] (b) Discuss whether Abel would be successful in defeating the bank’s claim to a mortgage interest in 15 Ragabuffing Bay. Abel enters into possession of 15 Ragabuffing Bay and builds a three-bedroom house in which he lives with his wife and 8 children. Abel agreed to hold his stamped transfer documents until Gimme Bank released the title. Cain having defaulted on the loan. In December. “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. the bank brings an action for a declaration that is equitable mortgage ranked in priority to the rights of Abel. the equity of redemption so as to prevent the mortgagor from redeeming on payment of principal interest and costs. 2. (a) Explain the effects of the bank lodging a caveat or caution against 15 Ragabuffing Bay. He is unaware that they lodged a caveat.” Wooding CJ in Mitchell v.CAPE 2005 MODULE 3: REAL PROPERTY Answer ONE question. “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. discuss this view of the ‘chattel house’. In March 2002 Cain sells the land to Abel. as it is termed.Cowie Using appropriate illustrations.

When the first lease expired. Because of the constant horrible odours coming from the pig farm. Ruiz presented his bill to Kenyatta who accepted it and wrote on it “I. Kenyatta offered to sell the property to Ruiz for $100 000. as a sub-tenant. Candice’s customers stopped coming to the restaurant and Candice lost thousands of dollars in business. granted a lease to Ruiz for seven years to operate a restaurant. Kenyatta. Advise the following persons: (c) Candice on whether she.00 to renovate the shop. the free holder of a one-storey building. giving him permission to use the empty lot next door as a car park. Eventually she had to close down the restaurant because all of her customers had stopped coming there. Ruiz spent $25 000. would succeed in a claim against Kenyatta for breach of any covenants under the lease. 1.O.00 previously spent by Ruiz.00 and refused to consider the $25 000. [10 marks] .U”. Ruiz refused to purchase the property. Kenyatta gave him notice to quit but he refused to move out of the premises. Kenyatta gave Ruiz permission to renovate the building and make the necessary changes to accommodate the restaurant. Candice also became ill from constantly inhaling the odours.CAPE 2007 SECTION A Answer this COMPULSORY question. He then sublet the shop to Candice to operate the restaurant. One month later Kenyatta set up a pig farm next to the restaurant.

Anthony. rough dirt track leading from his farm over Costello’s land to the main road. Abbott and Costello own adjoining farms and for over twenty years Abbott used a narrow. (a) Explain THREE remedies available to a mortgage to enforce his security. Jill and Mary. [10 marks] Total 25 marks 3. who emigrated to America. Flint and Mary lived in the bungalow for two months until his death later in 2000.” Jill moved into the cottage. [15 marks] b) Describe the circumstances which may influence the mortgage to choose among the available remedies. [10 marks] Total 25 marks 4. 2. who now seeks possession of both the cottage in the country and the bungalow. and two nieces. 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. but you don’t need to pay me any rent. he told Mary not to worry about the future as he was leaving her the city house in his will. when Flint’s housekeeper died. Jill told him about her plans to do agriculture. In 1999. However. (a) Jill has brought an action against Anthony claiming a right to the countryside cottage. Anthony. “You are welcome to use it. He had one son. [15 marks] (b) Advise Mary on whether she has any legal interest in her uncle’s property. .” he said. Abbott and Costello have been friends and Costello has never objected to Abbott’s use of the track. In his will Flint Stone left his whole estate to his son. and Flint offered her the use of an unoccupied cottage he owned in the countryside. Abbott and Costello quarrel and when Abbott starts to pave the track to make it passable to vehicles. sold the city house and bought a bungalow by the sea. “It needs quite a lot of work to make it habitual. In 1995. when Flint was ill.CAPE 2007 MODULE 3: REAL PROPERTY Answer ONE question. Advise Anthony whether there is any likelihood of Jill succeeding in her claim. when the weather is bad the truck is hardly passable. Mary was unemployed. and in 1997. Flint Stone lived on a Commonwealth Caribbean country. In 2000 Flint retired. made it habitable and started her poultry business.

” Costello then erects a fence across the track. 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 . “withdrawing the permission I gave you to use the track. barring access to Abbott’s farm.Costello writes him.

left to them as tenants-in-common. Elsa wants to subdivide the land so that she can get her own separate title. so that Elsa can assert her right. but Neville refuses to sign the documents. [ 4 marks] Total 30 marks CAPE 2008 MODULE 3: REAL PROPERTY . now deceased. [ 6 marks] (ii) Outline briefly what relief will be available from the Court. (i) Explain to Neville the nature of a tenancy-in-common. (a) Neville and his sister Elsa have been in a long dispute over a plot of land that their parents.CAPE 2008 SECTION A MODULE 3: REAL PROPERTY Answer this question 1.

He is served with a stop order by the local council after complaints from neighbors. among the restrictive covenants on the title. Refer to decided cases to support your answer. (a) Describe the features of a lease. [15 marks] (b) Distinguish between a lease and a license. He intends to use the ground floor as a grocery. Explain the criteria that determine whether a structure is a chattel or a fixture. [12 marks] (b) Rambo lives in Paradise Gardens where. [25 marks] 3. [10 marks] Total 25 marks 2. [13 marks] Total 25 marks CAPE 2010 MODULE 3: REAL PROPERTY . (a) Outline TWO situations where the court of equity will enforce a benefit under a restrictive covenant. Explain to Rambo whether he can appeal successfully against the stop order. 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. Answer ONE question 1. Refer to decided cases to support your answer. Refer to decided cases to illustrate your answer.

He has five boys by a previous marriage. citing at least ONE case. [10 marks] Total 25 marks 2. explain the requirements for an easement. (a) Explain FOUR unities of a joint-tenancy. Explain to your clients the differences between ‘joint tenancy’ and ‘tenancy-in-common’ State which option you would recommend. [18 marks] (b) Outline any TWO methods of acquiring an easement. 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. have ten children between them. she has three daughters before she was married and together they have two children. (a) With reference to at least FOUR cases. giving reasons for your answer. [ 15 marks] (b) Your clients. Mr and Mrs Chang Fung. [7 marks] Total 25 marks CAPE 2011 MODULE 3: REAL PROPERTY Answer ONE question . Answer ONE question 1.

as joint tenants. if any. Angela Smith’s great grandson John. Asha is unemployed and Patrick loses his job and has been unable to make the mortgage payments for six months. In 1973. 1. Mrs Smith died in 2001 and Claudette immediately gave John a notice to quit. Jeanette and Claudette. [10 marks] Total 25 marks CAPE 2014 SECTION C MODULE 3: REAL PROPERTY Answer ONE question from this section. [15 marks] (b) In 1970. distinguish between ‘tenancy-for-life’ and ‘tenancy-at-will’. Patrick and Asha bought a house with the help of a mortgage from the East-West Mortgage and Finance Company. . (a) With reference to at least ONE decided case. born in 1978. Advise John on his legal rights. Total 25 marks 2. Angela Smith registered a Deed which conveyed her property to herself for life and after her death to her daughters. lived with her from the time he was a baby and was very close to her. Jeanette was involved in a vehicular accident and died. Outline the remedies available to the finance company to enforce its security.

on hearing of her husband’s death. Explain to Tanya whether she can succeed in an action to recover the apartment from Pinochio. gets a heart attack and dies suddenly. informs Pinochio that she needs the apartment. Unknown to Karlene. [10 marks] (ii) Explain how different your answer would be if Darius had severed the joint tenancy before he died. Pinochio and his wife move in and continue to live there for 16 years. Six months after making his will. Sean and Tiana. and Leslie. [5 marks] Total 25 marks . Distinguish between ‘joint tenancy’ and ‘tenancy-in-common’. making improvements to the apartment without any objections from Punchinello. Darius makes a will which states ‘I give my half share in my house to my sister Patricia’. EITHER 1. Pinochio. [10 marks] (b) Punchinello allows his nephew. They have two children. Patricia is seeking to claim her half share of the house. claims that she is entitled to her mother’s share in the house. purchase a house as joint tenants. Distinguish between a ‘lease’ and a ‘licence’. Punchinello dies and his wife. Karlene. Karlene. (i) Advise Patricia and Leslie on whether they could succeed in an action against Sean and Tiana. Tanya wants to sue Pinochio to get back the apartment from him. [15 marks] Total 25 marks OR 2. Pinochio refuses to move out saying that his uncle had given him the apartment. Darius gets into an accident and dies on the spot. Karlene’s daughter by a previous marriage. [10 marks] (b) Darius ad his wife. to stay in an apartment downstairs his house until he can find an apartment to rent. Tanya.