Commonwealth Caribbean property law / Gilbert Kodilinye.
2011
KGJ173 .K63 2011 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Commonwealth Caribbean property law / Gilbert Kodilinye.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge-Cavendish, 2011.
Call Number
KGJ173 .K63 2011
Edition
Third edition.
ISBN
9780415575041 (pbk.)
0415575044 (pbk.)
9780415575560 (hbk.)
0415575567 (hbk.)
9780203840641 (ebk.)
020384064X (ebk.)
0415575044 (pbk.)
9780415575560 (hbk.)
0415575567 (hbk.)
9780203840641 (ebk.)
020384064X (ebk.)
Description
xlii, 246 pages ; 24 cm.
System Control No.
(OCoLC)609305238
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Powell Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Powell Fund
Table of Contents
Preface
xv
Table of cases
xvi
Table of legislation
xxxvii
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
2
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
5
The purpose of annexation
6
Chattel houses
6
2.
Creation of Leases
8
Essential Characteristics of Leases
8
Exclusive possession
8
Distinguishing between leases and licences
9
Examples of the lease/licence dichotomy in the Caribbean
10
Certainty of duration
13
Formalities for Creation of Leases
14
Effect of non-compliance with formalities
14
Lease and Agreement for Lease Compared
15
1.
Dependency on specific performance
15
2.
Third parties
16
Types of Tenancy
17
Lease for a fixed period
17
Periodic tenancy
17
Tenancy at will
18
Tenancy at sufferance
19
Tenancy by estoppel
20
3.
Leasehold Covenants
21
Landlord's Implied Obligations
21
Covenant for quiet enjoyment
21
Covenant not to derogate from the grant
24
Covenant as to fitness for habitation
25
Furnished lettings
25
High-rise apartment buildings
25
Statutory provisions
25
Covenant to repair
26
Tenant's Implied Obligation
27
Obligation not to commit Waste
27
Express Covenants
28
Covenant to pay rent
28
Covenant to repair
29
Fair wear and tear
30
Cionvenant not to assign, sublet or part with possession of the demised premises
31
Effect of breach
31
Reasonableness of refusal of consent
32
Option to purchase the reversion
32
Option to renew a lease
34
4.
Assignment, Termination of Leases and Distress
35
Assignment of Lease and Reversion
35
Touching and concerning the land
35
Running of the benefits and burdens of covenants
36
Termination of leases and Tenancies
37
Forfeiture
37
Waiver of forfeiture
38
Forfeiture for non-payment of rent
39
Relief agaisnt forfeiture
40
Forfeiture for breaches of other covenants
40
Reasonable time
41
Remediability of the breach
43
Relief against forfeiture
43
Surrender
44
Merger
45
Effluxion of time
45
Notice to quit
45
Frustration
49
Distress
50
Time and place
50
Distrainable goods
53
Privileged goods
53
Third parties' goods
54
Procedure for levying distress
54
Impounding
54
Replevin
55
Illegal, excessive and irregular distress
56
Action for double value
57
Injunction
57
Tenant's right to Fixtures
57
Chattel houses
58
5.
Statutory Tenancies
59
A.
The Rent Restriction ACt (Jamaica)
59
Scope of the Act
60
Status of irremovability
61
The corporate tenant
63
The non-occupying tenant
63
Grounds for recovery of possession
65
Premises reasonably required for landlord's own use
66
̀Reasonably required'
66
Premises required for repairs, improvement or rebuilding
68
Hardship and reasonableness
69
Alternative accommodation
70
Prohibition of Eviction
72
Rent Control
73
B.
The Land Tenants (Security of Tenure) Act 1981 (Trinidad and Tobago)
73
6.
Licences
76
Types of Licence
76
Bare licence
76
Licence coupled with an interest
76
Contractual licence
77
Revocability of contractual licence
77
Contractual licences and third parties
78
Licence protected by estoppel
80
Incomplete gifts
80
Reasonable expectation of acquisition of a right
82
Unilateral mistake
84
The modern approach
85
Satifying the claimant's equity
87
Estoppel licences and third parties
88
7.
Co-Ownership
89
Joint Tenancy
89
Unity between joint tenants
89
Unity of possession
89
Unity of interest
90
Unit of title
90
Unity of time
90
Tenancy in Common
90
Law and equity
90
Equitable presumption of tenancy in common
91
Purchase money provided in unequal shares
91
Loan on mortgage
91
Partnership assets
92
Individual basiness purposes
93
Severance of Joint Tenancy
93
Act of joint tenant operating upon his own share
93
Alienation
93
Commencement of litigation
94
Mutual agreement
94
Course of dealing
95
Other methods of serverance
95
Acquisition of an additional estate in the land
96
Severance by written notice
96
Partition
97
8.
Condominium
99
Condominium Legislation
99
Nature of the Interest of the Unit Owner
99
Definition of Ùnit' and ̀Common Property'
100
Method of Establishing a Condominium
101
The declaration
101
Who must execute declaration
102
Registration of declaration
102
Unit entitlement
103
Drawings and plans
103
Existing mortgages
103
No partition of common property
103
Bylaws
104
The Body corporate
104
Duties of body corporate
104
Default in payment of contributions
106
Termination of Condominium Scheme
107
9.
Restrictive covenants
108
Running of the Burden
108
The position at common law
108
The position in equity
109
Requirements for the running of the burden in equity
110
The covenant must be negative in nature
110
The covenant must be made for the protection of other land retained by the covenantee
110
It must have been the common intention of the parties that the burden of the covenant should run with the covenantor's land
111
Persons bound by restrictive covenants
111
Registration
112
Positive covenants
112
Running of the Benefit
113
The position at common law
113
Covenant must touch and concern the land
113
Covenantee must have a legal estate
113
The position in equity
114
Annexation
115
Implied annexation
116
Statutory annexation
117
Area to be benefited
118
Express assignment
119
Schemes of development
120
The modern position
121
Discharge and Modification
124
Obsolescence (ground (a))
125
Impeding the reasonable user of the land (ground (b)
127
Agreement to discharge or modification (ground (c))
129
No injury to objectors (ground (d))
129
The ̀thin end of the wedge' argument
131
10.
Easements
133
Definition
133
Requirements for a valid easement
134
There must be a dominant and a servient tenement
134
An easement must accommodate the dominant tenement
135
Propinquity
135
Personal advantages
136
The dominant and servient tenements must not be both owned and occupied by the same person
136
The right must be capable of forming the subject matter of a grant
137
i.
The right must be sufficiently defined - that is, it must not be too vague
137
ii.
The right must not substanitially deprive the servient owner of possession of the servient tenement
138
iii.
There must be a capable grantor and grantee
139
An easement must be negative from the point of view of the servient owner - that is, it must not involve the servient owner in anay expenditure
140
Legal and equitable easements
140
Acquisition of Easements
141
Express grant
141
Express reservation
141
Implied grant
141
Easements of necessity
142
Meaning of ǹecessity'
143
Intended easements
144
Easements implied under the rule in wheeldon v Burrows
144
Implied reservation
146
Easements of necessity
146
Intended easements
146
Non-applicability of Wheeldon v Burrows
147
Sales of both quasi-dominant and quasi-servient tenements
147
Acquisition Under Statutory Provisions
147
Purpose of the provisions
148
Limitations on the application of the provisions
149
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
149
Section 62 will not operate unless there has been some diversity of ownership or occupation of the dominant and servient tenerments prior to the conveyance
150
There must be a ̀coveyance' of land
150
Section 62 may be excluded by express exception in conveyance
150
Acquisition by Presumed Grant (Prescription)
151
Basis of prescription
151
Requirements for prescription
152
User as of right
152
Continuous user
153
User in fee simple
154
Methods of Prescription
155
Prescriptiopn at common law
155
Prescription under the doctrine of the lost modern grant
155
Prescription under the Prescription Acts
156
Easements other than light
156
Other Provisions in the Acts
158
Enjoyment ǹext before action'
159
Unity of ownership or possession
159
Statutory interruption
159
Easement of light
160
Right to use a beach
160
Extenet of Easements
160
Easements acquired by express grant or reservation
162
Easements acquired by impied grant or researvation
163
Easements acquired by prescription
164
Extinguishment of easements
166
By unity of ownership and possession of the dominant and servient tenements
166
By express release by deed
166
By implied release (àbandonment')
166
11.
Mortgages
168
Form
168
Rights of the Mortgagor
169
Legal right to redeem
169
Equtable right to redeem
169
The equity of redemption
170
Clogging the eqiity of redemption
170
Excluding the right to redeem
171
Postponement of right to redeem
172
Collateral advantages
173
Unfairness and unconscionability
173
Restriction of redemption
173
Restraint of trade
174
Rights of Mortgagor in Possession
175
Rights of Mortgage
175
Action on the personal covenant
176
Right to enter into possession
176
Right to appoint a receiver
179
Power of sale
179
Mode of sale
181
Effect of sale
181
Protection of purchaser
181
Application of proceeds of sale
182
Bad faith
182
Restraining exercise of the power of sale
183
Mortgagee's duty of care
184
Right of foreclose
188
Reopening of a coreclosure
188
Sale in lieu of foreclosure
189
Rights of Equitable Mortgagee
189
Tacking and consolidation
189
Right to tack further advances
189
Right to consolidate
190
12.
Adverse possession
191
Dispossession of Tenant
192
Inchoate Rights of Adverse Possessor
192
Requirements for Acquisition of Title by Adverse Possession
193
Discontinuance of possession
193
Possession by adverse possessor
193
Factual possession
193
Animus possidendi
196
Nature of Acts Amounting to Adverse Possession
197
User of part of the land
198
Resumpition of Possession by Paper Owner
200
13.
Sale of land
201
Dealings Before the Contract is signed
201
Statutory Formalities - Waritten Note or Memorandum
202
Contents of the Memorandum
202
Description of the parties
202
Description of the property
202
Price
203
Other terms
203
Signature by the party to be charged
203
Joinder of Documents
203
Absence of sufficient Memorandum
204
Part-Performance
204
Formal Contract of Sale
205
Òpen' Contracts for the sale of Land
205
Payment of Deposit
206
The Position Pending completion
207
Vendor's Dutites Regrading Title
207
Good ̀Root of Title'
208
Purchaser's Duty to Investigate
209
Registered Land
210
14.
Registration of Title
211
The Registration Process
211
Bringing land under the Act
211
Effect of registration of proprietor with absolute title
211
Requirements for an application to have land brought under the Act
212
Role of the Feferce of Titles
214
Title of be registered
214
Possession of and dealing with documents evidencing title
214
Bringing land under the operation of the Act
215
Coveat Against First Registration
215
Caveat Against Dealings
217
Indefeasibility of Registered Title
218
Meaning of ̀fraud'
220
In Personam Liabilities
221
Actions Against Registered Proprietor
222
Coacellation of Certificate of Title
222
Actions Against the Registrar
225
Appendix 1
Sample Property Sale Agreement
227
Appendix 2
Sample Lease Agreement
232
Appendix 3
Sample Memorandum of Mortgage
235
Index
238