Real Property

Question 1

What is a life estate?
pur sa vie?
pur autre vie?

Answer 1

A title to land that is limited by the duration of a lifetime
pur sa vie - the life of the owner
pur autre view - the life of someone else

Question 2

Can a life estate be inherited?

Answer 2

Yes, if land is given to A for B’s life and A dies first - A’s title to the land can be passed on in a will for the remainder of B’s life

Question 3

in a life estate pur autre vie, does the person whose life is being used as a measuring stick hold any interest in the land?

Answer 3

Nope

Question 4

What is a fee simple estate?

Answer 4

basically absolute ownership - the largest bundle of rights to the land with few limitations

Question 5

a freeholder is the owner of what kind of estate?

Answer 5

fee simple

Question 6

What is the current default type of estate that is passed on?

Answer 6

Default to fee simple - unless there are explicit words to denote a life estate
Conveyancing and Law of Property Act makes fee simple the default for conveyances
Succession Law Reform Act makes fee simple the default estate for wills

Question 7

what is a future interest in land?

Answer 7

this is an interest in land held by people other than the possessor?
1) reversion
2) remainder

Question 8

What is a reversion interest?

Answer 8

This is any interest retained by the grantor

Question 9

What is a remainder interest?

Answer 9

An interest created when a time-limited estate is granted to multiple parties in succession

Land conveyed to A for life and then to B. B has a remainder interest until A dies

Question 10

What is an interest in trust?

Answer 10

One person is given the common law/managerial title to the property and another person is given the right to benefit from that property (equitable/beneficial title)

Question 11

What is a conditional estate?

Answer 11

An interest in land which doesn’t arise until something else happens OR which may be terminated by something else happening
any kind of estate can be made subject to conditions

Question 12

What are conditions precedent?

Answer 12

conditions that must be satisfied before the grantee has any right of enjoyment

Question 13

In the example: to A for life, then to B for life if she reaches 21

1) what kind of interest does B have before A dies?
2) what kind of interest does B have if A dies BEFORE she is 21?

Answer 13

1) contingent interests - the interest someone has before the condition precedent is fulfilled

2) vested interest - the interest someone has after the condition is fulfilled by they still do not have possession

Question 14

When there is doubt about whether a grantor wanted to create a vested or contingent interest, what does the common law generally favour?

Answer 14

vested interest is presumed

e.g., will says “property to wife for life and then to 4 children equally. One child dies before the wife .
was the child’s share contingent on the wife dying? or was it vested from the will (meaning the interest passed on)?
concluded - vested

Question 15

What effect does a condition subsequent have on an estate already granted?

Answer 15

If the condition subsequent is breached it ends the granting of an estate:

e.g., to A in fee simple, unless they do this thing, then to B

Question 16

True or False, conditions subsequent can only be related to the actions of an individual?

Answer 16

False
Conditions subsequent can be personal or attached to the land

Question 17

Under what conditions can a condition be voided?

Answer 17

from Canada Trust Co
1) the condition is uncertain
will not be found uncertain if it is possible to say with certainty that any proposed beneficiary is/is not a member of the class

2) the condition is contrary to public policy (either contrary to law or otherwise threatens fundamental values)

Question 18

True or False: if part of a condition is uncertain then the whole condition can be made void?

Answer 18

True

Question 19

What conditions must be met for a trust to be charitable?

Answer 19

from Canada Trust Co
1. purpose must be relief of poverty, advancement of education, advancement of religion, or other purposes beneficial to the community
2. must be wholly and exclusively charitable
3. must promote a public benefit

Question 20

How does discrimination affect trusts?

Answer 20

Charitable trusts that discriminate on grounds of race, religion, and sex are void

this restriction does NOT apply to private family trusts

Question 21

Under what circumstances can you interfere with a testator’s freedom to distribute property?

Answer 21

private individuals are free to distribute property in a discriminatory way (Spence), but the will can be struck down if the beneficiary is an unworthy heir (killed their testator, terrorist group member, or someone who is involved in activities contrary to Canadian criminal law or public policy)

Question 22

Importance of Sifton?

Answer 22

(daughter staying in Canada)
Conditions subsequent can be voided for uncertainty if the event that will defeat the estate is unclear to the parties

Sifton left property to his daughter with the condition that she “shall continue to reside in Canada”

Question 23

Importance of Clayton?

Answer 23

(interest ceases if daughter marries a Jew)
If part of a condition is uncertain, the whole condition is void

condition about ‘jewish parentage’ was too unclear

Question 24

Importance of Noble v Wolf?

Answer 24

(racist provisions for selling the property)

idea that restrictive covenants (or conditions subsequent) can be struck down if they are contrary to public policy
Eventually, SCC struck such covenants down saying that they should be limited to restrictions on the use of property, not the people who occupy it

restriction about selling land to a Jewish person

Question 25

Importance of Canada Trust Co?

Answer 25

1) Lays down the rules for what constitutes a charitable trust
1) purpose must be relief of poverty, advancement of education, advancement of religion, or other purposes beneficial to the community
2) must be wholly and exclusively charitable
3) must promote a public benefit

2) Lays down the rules for when conditions can be made void
1) the condition is uncertain
will not be found uncertain if it is possible to say with certainty that any proposed beneficiary is/is not a member of the class

 2) the condition is contrary to public policy (either contrary to law or otherwise threatens fundamental values)

• in this case the trust was made with conditions that scholarships should only go to christian, white males*

Question 26

Importance of Spence

Answer 26

Court holds that you cannot insert public policy reasons into a private will

People can be discriminatory if they want to be in their private wills