This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.

1. CAPE
module 3
Real Property Law
BY SHAWN FREEMAN LLB (HON)

2. Introduction
 Real property even though only based on basic principles for CAPE
it poses some challenges to students. This presentation is designed to
cover all the basic principles, concepts and information necessary
to understand the module and will end with an essay question and
answer to help prepare students if they decide to attempt a
question on real property.
 Real property is defined as immovable land, building, and anything
attached to the land. Not only is the house real property, but also
the light fittings that hangs from ceiling. Collins dictionary.
 The syllabus covers the following topics;
Fixtures and chattels, land ownership, leases and licenses, the landlord
and tenant, easements and Mortgages.

3. Real property
 There is a distinction between corporeal and incorporeal property.
 Corporeal property refers to property that is visible and tangible and
can be touched such as land, buildings etc,
 Incorporeal property refers to intellectual or conventional property
that in most sense cannot be touched such as the authors legal
knowledge of property law.
 CAPE will be focusing its attention on corporeal property.

4. Real property
 Immovable property refers to real estates things such as your house,
factories, electric plants etc while movable property refers to assets
that can be moved from place to place such as vehicles, laptops,
money, cellphones etc. 1
 Acts that cover property law in Guyana are; the civil law act of
Guyana chapter 6:01 which covers movable and immovable
property. The law of Guyana property tax act chapter 81:21, the law
of Guyana Married Persons Property act Cap 45:04 covers
immovable property of married persons, the Deeds Registry Act and
Land Registry Act also plays important roles in the context of the
Republic of Guyana's land lands.

5. Real Property
Land Ownership 1
 In the doctrine of estates, it defines the period in which a period last,
there are four principle estates in which the first two highlighted is most
common and will make up most of the syllabus, these are;
 Fee simple estates (freehold), this type of property is the closest and
best way to actually land ownership and includes certificate of title and
transports for lands issued by relevant authorities such as government
organizations e.g. the ministries of communities.
 Leasehold estates, this gives right to possession, use and enjoyment of
the land for a defined period of time and can accommodate
extensions of time e.g. a lease of a ranch house for a period of forty
years.
 Life estates, this is common to family estates and private property e,g. a
deceased spouse leaves the property to their children or surviving
spouse.
 Fee tail estates, this is the rights to use the property for the duration of
the life of the owner and their decedents.

6. Fixtures and Chattels
 A fixture is any structure that is directly attached or fixed on the land
making it therefore a part of that land. E.g. the foundation on the
land or a erected concrete wall bordering the foundation.
 A chattel is a structure that does not form part of the land or is a
structure that could be removed without radically transforming the
land or changing it. E.g. your car parked in your yard.
The distinction between fixtures and chattels was made in the case of
Mitchell v Cowie [1964] 7 WIR 118 Wooding CJ.

7. Degree of annexation
Burke v Bernard [1930] LRBG 59
The test is to establish if a fixture is attached to land or a building in a
substantial manner such a screws, bolts or nailed down preventing it
from moving or becoming part of that building is it a fixture or a
chattel. 2
It is most likely to be a fixture in this case a s established by the above
principle case and it is to note that chattels can be removed without
changing the structure of the building so if you remove a kitchen
cupboard you remove a kitchen fixture radically altering the kitchen
décor.

8. Purpose of annexation
 The test is to assess whether the chattel in question was affixed for
just convenient use only as a chattel or for the use and benefit of
the land or building itself. Leigh v Taylor [1902] AC 157 it was
established that tapestry affixed by tacks was for convenient
purposes causing it to remain a chattel.
 Burkeley v Poulett [1976] compare with O’Brien v Missick.

9. Land Ownership 2
Legal and Equitable interest
 Legal interest is where someone has ownership and rights over
something and can exercise that right or enforce that right over
anyone else. These individuals are what we call the true owners.
 Equitable interest is where someone can enjoy the benefits like a
legal owner without legally owning something. 3
 It is to note that an equitable interest will have less rights that legal
owners as these two forms of ownerships are different and the courts
will seek to protect the rights of a legal owner.

10. Co-ownership
Concurrent interest
 The most common types of concurrent interest are the tenancy-in-
common and the joint tenancy. Tenancy means where more than
one persons can enjoy the interest in land. CAPE has broken them
down into what is called the four unities or as law call them the four
horsemen in property law.

11. C-ownership
the four unities
The four unities are;
1. Unity of possession
2. Unity of interest
3. Unity of title and
4. Unity of time

12. C-ownership
the four unities cont
 Unity of possession- this means that both Co-tenant hold no
separate share in the property and are considered equal or ‘in
common’. Therefore both parties exercise ownership and not one
over the other. Jones v Jones [1977], Bull v Bull [1955] and Forbes v
Bonnick [1968]
 Unity of interest- this means that both joint tenant hold an interest
with his fellow joint tenant in equal standing and duration. Singh v
Mortimer [1967].
 Unity of title- this means that there is a similarity in the creation of the
tenancy if by will or with an adverse claim.
 Unity of time- the interest must be at the same time, therefore a life
tenant would not be a party to this as they would come after and
not at the same time.

13. Comparison between tenancy-in-
common and joint tenancy.
Tenancy–in-common Joint tenancy
1. No rights to survivorship/ jus
accrescendi
2. Holds separate distinct shares in the
property
3. Unequal shares
4. All four unities present.
1. Rights to survivorship/ jus
accrescendi
2. The concept in separate and
distinct shares is foreign
3. Equal shares
4. All four unities present.

14. Leases and Licenses
 A lease is described more commonly as the landlord and tenant law
which is governed by the relationship between the lessor(landlord) and
the lessee(tenant). The Law of Guyana landlord and Tenant Act Cap
61:01provides the core statute on the subject.
 Characteristics of a lease are;
1. The right to exclude possession by the lessee of the premises
2. The intention to create a lease
3. Certainty of duration
Termination of a lease
A lease can be terminated in the following ways;
1. Forfeiture, 2. Surrender, 3. Merger, 4. Effluxion of time, 5. Notice to quit
and 6. Frustration.

15. Leases and Licenses cont.
 A license is defined as a permission granted by competent authority
to engage in a business or occupation or in an activity otherwise
unlawful. E.g. a hunting license. 4
 In property law more specific, it refers to permission to enter or use a
property owned by another in such a way it would have been
illegal without it. 5
 Keller v Niryan 1959 WIR 373 KN. Crawford v Ramnarine 1959 1 ALL ER
545.
 A license by estoppel/ proprietary estoppel is a license coupled with
equity. Ramsden v Dyson 1866.

16. Easements
 Topic covered in my first slide LA 3003 property law in depth.

17. Implied covenant of the landlord
(lessor)
 A covenant for quiet enjoyment. Best case example found in Ali v
Enmore Estates Ltd 3619 of 1969.
 Fitness for habituation.
 Payment of rates and taxes.
 Right of re-entry or forfeiture. S10 of landlord and Tenant Act Cap
61:01.
 According to the works of Professor Kodilinye “ there is an implied
covenant that the landlord would not derogate from his grant”.

18. Implied covenant of the tenant
(lessee)
 To keep the property in good and tenantable repair.
 Must permit the landlord or any of his agents to view the premises.
(with sufficient notice of course)
 To pay rent.
 A duty not to commit waste or litter the premises which is found in
the guidelines of maintaining the property in a tenantable manner.

19. Breach of covenants by the
landlord
 Both landlord and tenant is bound by the covenants entered and
will be liable for breaches. The landlord is bound by the covenant
since the land runs with the doctrine of the privity of estates. As a
result the landlord may be held liable for damages of breach.
Thomas v Hayward [1861-1873] ALL ER 290.
 Note that this covenant can also be found in the Act.

20. Breach of covenants by the Tenant
 Once there is a breach by the tenant, the landlord will seek to
terminate the lease or to enforce the covenant through may legal
ways. Some instances even includes replacement or repair of
damaged property.
 Note that the rights of the tenant even in the even of a breach can
be found in the landlord and tenant Act for your reference.

21. Mortgage
 A mortgage is a security given by a barrower in exchange for a loan
from the lender. The barrower is known as the mortgager and the
lender is known the mortgagee. Santley v Wilde 1899 2 Chan R 474.
 Equitable right to redeem, the mortgagor has a legal right to pay off
a load to secure their property which should be free from any
collateral advantage to the mortgagee or from any clogs and
fetters.
 Equity of redemption, equity will NOT permit any clog on the equity
of redemption.

22. Power of sale
 This part happens when the date for repayment have passed and
the barrower account is in arrears. Features are as followed;
 payment is over due by three months
 There was a breach of other covenants in the terms of the
mortgage.
 The mortgagee has served an official notice to the mortgagor who
would have continued to be in default of payment and their
account is still in arrears.

23. References
 (1) https://legalpaathshala.com/difference-between-movable-and-immovable-property/
 (2) https://www.lawteacher.net/free-law-essays/property-trusts/define-fixtures-and-chattels-law-
essays.php
 (3) https://www.differencebetween.com/difference-between-legal-and-vs-equitable-interest/
 Image credits;
https://www.freebibleimages.org/illustrations/ed-four-horsemen/
 (4) https://www.merriam-webster.com/dictionary/license
 (5) https://www.law.cornell.edu/wex/license