THE UNIVERSITYOF THE WEST INDIES

ST. AUGUSTINE

EXAMINATIONS OF APRIL/MAY 2015

Code and Name of Course: LAW 2220-REAL PROPERTY II

Date and Time: VV U n£sdd^ ^/il ^Y(J-t 20/5 4--OOf>/n Duration: 2 Hours

INSTRUCTIONS TO CANDIDATES: This paper has ^ pages and b questions.

Candidates are required to answer THREE (3) questions, at least ONE (1) of which must be selected from
SECTION B. Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless
the context indicates otherwise.

The University of the West Indies Course Code: LAW 2220 2015/ /.
 Page 2

SECTION A

1. Answer BOTH (a) AND (b)

(a) "A grantor must not derogate from his grant."

Explain the implications of this statement as it relates to the law of easements. (50%)

AND
(b) Outline the extent of an easement derived from prescription, necessity and express grant.
(50%)

2. Critically discuss the scope of the implied obligations of a Landlord.

3. Three years ago, Sheldon mortgaged his house in One Big Shot Place to the P.I.G-E Bank ("the Bank")
to secure a loan of $1,000,000.00. Sheldon is now three (3) months in arrears of his monthly mortgage
instalments. At the tune of the mortgage, the house was valued at $2,000,000.00. The Bank has
discovered that a judgment in favour of Robert Busybody was registered last year against Sheldon in the
sum of $800,000.00. The Bank now wishes to sell the house in order to recover the outstanding principal
and interest on the loan in the sum of $800,000.00.

Prepare a memorandum to the Bank with reference to decided cases and statute outlining the procedure
and rights and duties of the Bank in the proposed sale.

PLEASE TURN OVER

© The University of the West Indies Course Code: LAW 2220 2015/ /
 Page 3

SECTION B

4. Brandon owned two adjoining lots in La Romantica Heights known as Lot 7 and Lot 8. In 2011,
Brandon sold Lot 7 and Lot 8 to Jonathon and Monique respectively, both parties covenanting:

"(a) Not to use the property for any purpose other than a dwelling; and

(b) Not to let the common areas including the roads and sewers fall into disrepair

with the intent that the covenants might so far as possible bind the premises conveyed and every
part thereof into whosoever hands it might come and are for the benefit of the owners for the time
being their heirs and assigns."

In 2012, Jonathon sold Lot 7 to Celeste without any reference to the covenants. That same year,
Monique sold Lot 8 to Aaron with reference to the covenants. In 2014, Aaron migrated and his aunt
Goldie moved into the house. Goldie has since converted Lot 8 into a veterinary clinic and has refused to
pay any contribution towards the maintenance of the road and drains.

Celeste can no longer afford to maintain the roads and sewers by herself and the noise from the clinic has
become unbearable.

Advise Celeste.

5. Marcus leased his house located at #22 Bacchanal Drive to Lucy for a term of three (3) years
commencing April 1, 2014 at a monthly rate of $3,000.00 to be paid on the first day of each month. In
the lease, Lucy covenanted:
(a) To pay the rent on the stipulated date;
(b) To keep the premises in a tenantable state of repair (fair wear and tear excepted); and
(c) Not to use the premises for commercial purposes.

The Lease included a right of re-entry for Marcus in the event that Lucy breached any of the covenants in
the Lease. Lucy spent all of her money towards the annual Carnival festivities and is now three (3)
months in arrears of rent. In an effort to pay off the arrears, Lucy has begun operating a Beauty Spa.
Last month one of Lucy's clients accidentally damaged the front door. Marcus visited Lucy to discuss
the rent and the door fell off the hinge when Lucy opened it. During the visit, Marcus also noticed that
Lucy converted the house to a Spa. Marcus is now anxious to get Lucy out of the house, as he no longer
wishes to continue the tenancy.

Advise Marcus.
PLEASE TURN OVER

The University of the West Indies Course Code: LAW 2220 2015/ /
 Page 4

6. Keith, the fee simple owner of a penthouse unit in a condominium scheme enjoys the use of a balcony
and pool as part of the common areas in the scheme. He enjoys his privacy as he mainly shares the
balcony and pool with his neighbour, Sharon, who scarcely uses these facilities. However, Sharon's
daughter Maurissa recently entertained her friends with a party at the pool. Last week Keith got stuck in
the elevator in his apartment building for two hours. He subsequently learned that the elevator was not
serviced in accordance with the usual schedule.

In light of these events Keith seeks your advice as:

(a) He intends to erect a gate restricting other unit owner's access to the balcony and pool and wishes to
bring an application to have these facilities severed from the common areas for his exclusive use.

(b) He is frustrated that Maurissa plays her music quite loudly between the hours of 12:00 p.m. and 4:00
a.m. in contravention of the by-laws.

(c) He is contemplating withholding his common assessment fees in protest of the faulty elevator.

Advise Keith.

END OF PAPER

© The University of the West Indies Course Code: LAW 2220 2015/ /.