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LAW 2210: Real Property 1

Semester 1: 2023-24
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Lecturer: RONALD SINGH1
Office: Flr 3, Faculty of Law
Tel: 578-8924
Email: [email protected]

LECTURE NOTES /WORKSHEET 1

Introduction to Real Property Law

Mandatory Readings:

 Gilbert Codilinye, Commonwealth Caribbean Property Law (Routledge 2021)

 Sampson Owusu, Commonwealth Caribbean Land Law (Routledge-Cavendish, 2007) Chapter 1.

 Relevant Caselaw & Statutes
Other Readings:

 Kevin Gray & Susan F Gray, Land Law (7 ed, Oxford U Press) Introduction, 1-15.
 Robert Megarry & P.V. Baker, A Manual of the Law of Real Property, Chapter 1, Section 3.

 Fenton H. W. Ramsahoye, The Development of Land Law in British Guiana, (Oceana Publications Inc, 1966) Chapter 2.

Introduction
How important is land?
Land law/law of real property is a branch of law that addresses the rights
and liabilities which arise in respect of immovable property. It
encompasses the rules and regulations governing the ownership, use,
transfer, and protection of property. In essence, it provides individuals
and businesses with a legal framework to ensure secure ownership and use
of property assets.
Recognized Rights
Land/real property law recognizes a bundle of rights as follows:

1
LLM, MS, LLB(Hons), BSSc, GDLP, AAEd, Barrister
Admitted to the Bar of Fiji Islands; Member, International Bar Association; Affiliate Member, American Bar
Association; International Participant, Ukraine Bar Association
See Publications @ ResearchGate.com; Visit blogsites: rslawschool.wordpress.com &
ronaldsingh.wordpress.com

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  The right of possession, ie, the right to own and live on the
property.
 The right of control, ie, the right to make legal decisions about the
property, including the decision to modify, destroy, or rent out the
property to another person.
 The right of exclusion, ie, the right to control access to the
property and to decide who may enter the property.
 The right of enjoyment, ie, the right to use the property for any
lawful purpose.
 The right of disposition, ie, the right to sell or transfer ownership of
the property to another party.

Definition of Land
In its legal sense, land includes not just the soil/earth and things growing on
it, but any building or fixtures erected thereon, as well as the space above
and the things below. [UK Law of Property Act 1925, Sec 205(1)(ix)] In
essence, ‘land’ refers to the following:
 The earth’s surface, buildings and natural vegetation
 The ground beneath to the centre of the earth, including minerals
 The air space above, hence one can bring an action for trespassing in
one’s airspace
It is said that to whomsoever the soil belongs, that also is his to the
heights of the sky and to the depths of the earth.
What about wild animals? Fish? Exotic plants? a Bob Marley statute, or his
picture on a wall?
How does the term 'property' fit in with land?
‘Property’ refers to things that can be owned, whether movable (eg, books,
tables, cars etc) or immovable (land). There are also objects known as
intellectual property which do not have physical existence; they exist as
concepts, such as bonds, patents, trademarks and copyrights, and recognized
by the law.

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‘Real Property’ refers to that property (land) which earlier courts protected
by ‘real’ action (action in rem). “Real” is derived from the Latin word “res”
(thing). ‘Real action’ (actio realis) was one in which the court order the
return of the property/land (the ‘res’) to the dispossessed owner rather than
payments/damages.

Classification of Property
Common Law Classification
The primary classification under the Common Law is done in terms of
personalty and realty.
As noted earlier, realty or real property is derived from actio realis (real
action). It was a remedy available only to the person who had a freehold
interest in land, ie, the estates of fee simple, fee tail and life estate (concepts
to be discussed in subsequent sessions).
The second classification of property under the Common Law is
personalty which has two main categories: (1) chattel real (lease) and
(2) chattel personal.
There are two types of chattel personal: (1) chose in possession and (2)
chose in action.
 Chose in possession or Corporeal Property
Chose in possession are things/objects which are visible, tangible and
capable of direct physical control and possession; and capable of being
transferred by manual delivery. They can be destroyed, or withdrawn from
the jurisdiction of the courts. They are neither permanent nor stationary.
 Chose in action or Incorporeal Property
Chose in action is incorporeal; it has no physical existence, and it is not
visible. Choses in action exist as concepts and include easements,
debts, shares in companies, copyrights, patents and trademarks,
and are recognized in law. They have a right in rem (thing), ie, a legal action
directed toward property rather than to a person, allowing the owner of the
right the opportunity to recover, possess or enjoy a specific object. Choses

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in action also include contractual rights affecting land, and other interests
such as rent, and mortgages, which issue out of land.

Civil Law Differentiation

Civil law makes distinction between movable property (eg cars, other
movable objects) and immovable property (land & permanent
fixture(s)/trees).
Under the Civil Law classification, real property is immovable by
(a) its nature;
(b) its destination;
(c) reason of the object to which it is attached; and
(d) determination of law

1000 Years Development of Land/Property Law

1. The Common Law courts from the Norman Conquest (1066) to end
of 14th Century (and continued to 19th Century). Entry of an
issue/dispute into the commonlaw court was by way of a writ.
The number and types of writs were limited. The commonlaw
decisions were usually harsh and mostly concern payments/damages.
2. Equity from 14th Century to 1535 (continued to this day) when the
Chancery gave relief in cases not covered by Common Law courts.
The court of Chancery began settling disputes under the
concept of equity which looked at the conscience of the parties
to determine fairness. It look to determine whether it would be
unconscionable to give decision one way or another. About 20+
maxims (principles/rules) emerged to guide the Court of Equity.
3. The Statutes of Uses from 1535 to middle 17 th Century. Restricted
uses of land – changed practice of creating uses to avoid taxation.
This statute removed the land from taxation when passing
from a deceased to family.
4. Development of Modern Law from end of 17th Century to the 18th
Century saw re-introduction of trust which allowed land to be
kept in the family for generations.

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 5. The Law of Property Act 1925 made radical changes in
England, and further changes introduced in LRA 2002.
6. In the Commonwealth Caribbean today, most jurisdictions have
enacted legislations that govern land/property rights, uses and
disposition.

Tutorial Session 1
Definition and Classification of Property
How is property classified? Compare the classification of property under the St. Lucia Civil
Law with the Common Law classification. How do these classifications differ from that of
Guyana? What’s the position in Jamaica?
Acts governing land/land matters in Jamaica:
1. Crown Property (Vesting) Act
2. Land Acquisition Act
3. Land Valuation Act
4. Registration of Title Act
5. Registration (Strata Title) Act
[Jamaicans obtain lands through one of the following: Purchase, lease, inheritance, kinship ties, or
squatting.]
In the Commonwealth Caribbean there are three different classifications of property:
 Common Law,
 St. Lucia Civil Code (French), and
 Guyana Civil Law (Roman-Dutch).
The basic classification of property under the St. Lucia Civil Code is immovable and movable.
Articles 335 and 336 define things which are immovable by nature as consistin……g of,
“Lands, steam-mills, water-mills and buildings. Trees, permanent crops/fruits are also
immovable but become moveable when severed from the soil.” Immovable by destination are
objects which would normally be movables but which are considered to be immovable by
reason of their attachment to immovable property. Article 337 provides, “Moveable things
which a proprietor has placed on his real property for a permanency or which he has
incorporated therewith, are immoveable by their destination so long as they remain there.”

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