Commonwealth Caribbean property law / Gilbert Kodilinye.
2015
KGJ173 .K63 2015 (Map It)
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Details
Author
Title
Commonwealth Caribbean property law / Gilbert Kodilinye.
Published
London ; New York : Routledge, Taylor & Francis Group, 2015.
Call Number
KGJ173 .K63 2015
Edition
Fourth edition.
ISBN
9781138779044 (pbk)
1138779040 (pbk)
9781138779051 (hbk)
1138779059 (hbk)
9781315771564 (ebk)
131577156X (ebk)
1317675762
9781317675761
1317675754
9781317675754
1138779040 (pbk)
9781138779051 (hbk)
1138779059 (hbk)
9781315771564 (ebk)
131577156X (ebk)
1317675762
9781317675761
1317675754
9781317675754
Description
li, 300 pages ; 24 cm.
System Control No.
(OCoLC)879642304
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
xvii
Table of cases
xviii
Table of legislation
xlv
1.
Introduction
1
Origins Of Land Law
1
The Doctrine Of Estates
2
Fee Simple Estate (Otherwise Called 'Freehold')
2
Leasehold Estate
2
Life Estate
2
Fee Tail Estate
3
Legal And Equitable Estates And Interests
3
Registration Of Title
4
The Meaning Of Land
5
The Distinction Between Fixtures And Chattels
5
The Degree Of Annexation
6
The Purpose Of Annexation
6
Chattel Houses
7
2.
Creation Of Leases
9
Essential Characteristics Of Leases
9
Exclusive Possession
9
Distinguishing Between Leases And Licences
10
Examples Of The Lease/Licence Dichotomy In The Caribbean
11
Certainty Of Duration
15
Formalities For Creation Of Leases
15
Effect Of Non-Compliance With Formalities
16
Lease And Agreement For Lease Compared
17
Dependency On Specific Performance
17
Third Parties
18
Types Of Tenancy
19
Lease For A Fixed Period
19
Periodic Tenancy
19
Tenancy At Will
20
Tenancy At Sufferance
21
Tenancy By Estoppel
22
3.
Leasehold Covenants
23
Landlord's Implied Obligations
23
Covenant For Quiet Enjoyment
23
Covenant Not To Derogate From The Grant
26
Covenant As To Fitness For Habitation
27
Furnished Lettings
27
High-Rise Apartment Buildings
28
Statutory Provisions
28
Covenant To Repair
29
Tenant's Implied Obligation
30
Obligation Not To Commit Waste
30
Registered Land
31
Express Covenants
31
Covenant To Pay Rent
31
Covenant To Repair
32
Fair Wear And Tear
34
Covenant Not To Assign, Sublet Or Part With Possession Of The Demised Premises
34
Effect Of Breach
35
Reasonableness Of Refusal Of Consent
36
Option To Purchase The Reversion
36
Option To Renew A Lease
38
4.
Assignment, Termination Of Leases And Distress
39
Assignment Of Lease And Reversion
39
Touching And Concerning The Land
40
Running Of The Benefits And Burdens Of Covenants
40
Termination Of Leases And Tenancies
41
Forfeiture
41
Waiver Of Forfeiture
42
Forfeiture For Non-Payment Of Rent
44
Relief Against Forfeiture
44
Forfeiture For Breaches Of Other Covenants
45
Reasonable Time
46
Remediability Of The Breach
47
Relief Against Forfeiture
48
Surrender
49
Merger
50
Effluxion Of Time
50
Notice To Quit
50
Frustration
55
Distress
56
Time And Place
56
Distrainable Goods
58
Privileged Goods
59
Third Parties' Goods
59
Procedure For Levying Distress
60
Impounding
60
Replevin
61
Illegal, Excessive And Irregular Distress
62
Action For Double Value
63
Injunction
63
Tenant's Right To Fixtures
64
Chattel Houses
65
5.
Statutory Tenancies
66
A.
The Rent Restriction Act (Jamaica)
66
Scope Of The Act
67
Status Of Irremovability
68
The Corporate Tenant
70
The Non-Occupying Tenant
71
Grounds For Recovery Of Possession
73
Premises Reasonably Required For Landlord's Own Use
74
'Reasonably Required'
74
Premises Required For Repairs, Improvement Or Rebuilding
76
Hardship And Reasonableness
77
Alternative Accommodation
79
Prohibition Of Eviction
80
Rent Control
81
B.
The Land Tenants (Security Of Tenure) Act 1981 (Trinidad And Tobago)
82
6.
Licences And Proprietary Estoppel
86
Types Of Licence
86
Bare Licence
86
Licence Coupled With An Interest
87
Contractual Licence
87
Revocability Of Contractual Licence
87
Contractual Licences And Third Parties
89
Licence Protected By Estoppel
90
Incomplete Gifts
91
Reasonable Expectation Of Acquisition Of A Right
93
Unilateral Mistake
95
The Modern Approach
96
Satisfying The Claimant's Equity
100
Estoppel Licences And Third Parties
102
7.
Co-Ownership
103
Joint Tenancy
103
Unity Between Joint Tenants
103
Unity Of Possession
103
Unity Of Interest
104
Unity Of Title
104
Unity Of Time
104
Tenancy In Common
104
Law And Equity
105
Equitable Presumption Of Tenancy In Common
105
Purchase Money Provided In Unequal Shares
105
Loan On Mortgage
106
Partnership Assets
106
Individual Business Purposes
107
Severance Of Joint Tenancy
107
Act Of Joint Tenant Operating Upon His Own Share
108
Alienation
108
Commencement Of Litigation
108
Mutual Agreement
109
Course Of Dealing
110
Other Methods Of Severance
110
Acquisition Of An Additional Estate In The Land
110
Severance By Written Notice
110
Partition
111
8.
Condominium
115
Condominium Legislation
115
Nature Of The Interest Of The Unit Owner
115
Definition Of 'Unit' And 'Common Property'
116
Method Of Establishing A Condominium
117
The Declaration
117
Who Must Execute The Declaration
118
Registration Of The Declaration
119
Unit Entitlement
119
Drawings And Plans
119
Existing Mortgages
120
No Partition Of Common Property
120
Bylaws
120
The Body Corporate
120
Duties Of Body Corporate
121
Default In Payment Of Contributions
123
Termination Of Condominium Scheme
124
9.
Restrictive Covenants
125
Running Of The Burden
126
The Position At Common Law
126
The Position In Equity
126
Requirements For The Running Of The Burden In Equity
127
The Covenant Must Be Negative In Nature
127
The Covenant Must Be Made For The Protection Of Other Land Retained By The Covenantee
128
It Must Have Been The Common Intention Of The Parties That The Burden Of The Covenant Should Run With The Covenantor's Land
128
Persons Bound By Restrictive Covenants
129
Registration
129
Positive Covenants
130
Running Of The Benefit
131
The Position At Common Law
131
Covenant Must Touch And Concern The Land
131
Covenantee Must Have A Legal Estate
131
The Position In Equity
132
Annexation
132
Implied Annexation
134
Statutory Annexation
135
Area To Be Benefited
136
Express Assignment
137
Schemes Of Development
138
The Modern Position
140
Discharge And Modification
143
Obsolescence (Ground (A))
144
Impeding The Reasonable User Of The Land (Ground (B))
148
Agreement To Discharge Or Modification (Ground (C))
149
No Injury To Objectors (Ground (D))
150
The 'Thin End Of The Wedge' Argument
151
10.
Easements
154
Definition
154
Requirements For A Valid Easement
155
There Must Be A Dominant And A Servient Tenement
156
An Easement Must Accommodate The Dominant Tenement
156
Propinquity
157
Personal Advantages
157
The Dominant And Servient Tenements Must Not Be Both Owned And Occupied By The Same Person
158
The Right Must Be Capable Of Forming The Subject Matter Of A Grant
158
i.
The Right Must Be Sufficiently Defined - That Is, It Must Not Be Too Vague
158
ii.
The Right Must Not Substantially Deprive The Servient Owner Of Possession Of The Servient Tenement
160
iii.
There Must Be A Capable Grantor And Grantee
161
An Easement Must Be Negative From The Point Of View Of The Servient Owner - That Is, It Must Not Involve The Servient Owner In Any Expenditure
162
Legal And Equitable Easements
162
Acquisition Of Easements
163
Express Grant
163
Express Reservation
163
Implied Grant
163
Easements Of Necessity
164
Meaning Of 'Necessity'
165
Intended Easements
166
Easements Implied Under The Rule In Wheeldon V Burrows
167
Implied Reservation
169
Easements Of Necessity
169
Intended Easements
169
Non-Applicability Of Wheeldon V Burrows
169
Sales Of Both Quasi-Dominant And Quasi-Servient Tenements
170
Acquisition Under Statutory Provisions
170
Purpose Of The Provisions
170
Limitations On The Application Of The Provisions
172
The Right Claimed Under The Provisions Must Be Capable Of Being An Easement - That Is, It Must Be Recognised By The Law As An Easement
172
Section 62 Will Not Operate Unless There Has Been Some Diversity Of Ownership Or Occupation Of The Dominant And Servient Tenements Prior To The Conveyance
173
There Must Be A 'Conveyance' Of Land
174
Section 62 May Be Excluded By Express Exception In Conveyance
174
Acquisition By Presumed Grant (Prescription)
175
Basis Of Prescription
175
Requirements For Prescription
176
User As Of Right
176
Continuous User
177
User In Fee Simple
178
Methods Of Prescription
179
Prescription At Common Law
179
Prescription Under The Doctrine Of The Lost Modern Grant
180
Prescription Under The Prescription Acts
180
Easements Other Than Light
180
Other Provisions In The Acts
183
Enjoyment 'Next Before Action'
183
Unity Of Ownership Or Possession
184
Statutory Interruption
184
Easement Of Light
185
Right To Use A Beach
185
Extent Of Easements
186
Easements Acquired By Express Grant Or Reservation
187
Easements Acquired By Implied Grant Or Reservation
189
Easements Acquired By Prescription
189
Extinguishment Of Easements
193
By Unity Of Ownership And Possession Of The Dominant And Servient Tenements
193
By Express Release By Deed
193
By Implied Release ('Abandonment')
193
11.
Mortgages
195
Form
195
Rights Of The Mortgagor
196
Legal Right To Redeem
196
Equitable Right To Redeem
197
The Equity Of Redemption
197
Clogging The Equity Of Redemption
198
Excluding The Right To Redeem
198
Postponement Of The Right To Redeem
199
Collateral Advantages
200
Unfairness And Unconscionability
200
Restriction Of Redemption
201
Restraint Of Trade
202
Rights Of Mortgagor In Possession
203
Rights Of Mortgagee
203
Action On The Personal Covenant
204
Right To Enter Into Possession
204
Right To Appoint A Receiver
207
Power Of Sale
208
Mode Of Sale
210
Effect Of Sale
210
Protection Of Purchaser
210
Application Of Proceeds Of Sale
212
Bad Faith
212
Restraining Exercise Of The Power Of Sale
214
Mortgagee's Duty Of Care
215
Right To Foreclose
219
Reopening Of A Foreclosure
220
Sale In Lieu Of Foreclosure
220
Rights Of Equitable Mortgagee
220
Tacking And Consolidation
221
Right To Tack Further Advances
221
Right To Consolidate
222
12.
Adverse Possession
223
Dispossession Of Tenant
224
Inchoate Rights Of Adverse Possessor
225
Requirements For Acquisition Of Title By Adverse Possession
225
Sufficiency Of Possession By Adverse Possessor
225
Factual Possession
226
Animus Possidendi
232
User Of Part Of The Land
234
Resumption Of Possession By Paper Owner
236
13.
Sale Of Land
237
Dealings Before The Contract Is Signed
237
Statutory Formalities - Written Note Or Memorandum
238
Contents Of The Memorandum
238
Description Of The Parties
238
Description Of The Property
238
Price
239
Other Terms
239
Signature By The Party To Be Charged
239
Joinder Of Documents
240
Absence Of Sufficient Memorandum
240
Part-Performance
241
Formal Contract Of Sale
242
'Open' Contracts For The Sale Of Land
242
Payment Of Deposit
243
The Position Pending Completion
244
Vendor's Duties Regarding Title
244
Good 'Root Of Title'
245
Purchaser's Duty To Investigate
246
Registered Land
247
14.
Registration Of Title
248
The Registration Process
248
Bringing Land Under The Act
248
Effect Of Registration Of Proprietor With Absolute Title
249
Requirements For An Application To Have Land Brought Under The Act
249
Role Of The Referee Of Titles
251
Title To Be Registered
252
Possession Of And Dealing With Documents Evidencing Title
252
Bringing Land Under The Operation Of The Act
252
Caveat Against First Registration
253
Caveat Against Dealings
254
Indefeasibility Of Registered Title
256
Meaning Of 'Fraud'
258
In Personam Liabilities
260
Actions Against Registered Proprietor
260
Cancellation Of Certificate Of Title
261
Actions Against The Registrar
264
Appendix 1 Sample Property Sale Agreement
266
Appendix 2 Sample Lease Agreement
272
Appendix 3 Sample Memorandum Of Mortgage
276
Appendix 4 Sample Mortgage By Charge
279
Appendix 5 Sample Certificate Of Title
290
Index
293