PROPERTY LAW

Question 1

Real property

Answer 1

the legal right one has to possess and sell

Question 2

fixtures

Answer 2

something that is permanently attached to the soil, then it is called land

Question 3

test to determine if something is a fixture or not

Answer 3

1. was the intention permanent or temporary?
2. what is the degree of attachment?
3. what is the general purpose of attachment?

Question 4

estates in land (what is it)

Answer 4

grants the right to possess the property

Question 5

fee tail

Answer 5

transferable or inheritable (only to someone in your family)

Question 6

fee simple

Answer 6

transferable (without limitation), strongest and best ownership of land in Canada

Question 7

co ownership (2 ways)

Answer 7

1. tenancy in common: when you die your share goes to the estate
2. joint tenancy: when you die your share goes to the remaining owner

Question 8

what is easements?

Answer 8

the right to use someone else’s land on a permanent basis

Question 9

the 4 requirements for easements

Answer 9

1. must have a dominant tenement (land that is better by the easement) and a servant tenement (land is burdened by the easement)
2. have to show that the natural enhancement of the dominant tenant
3. have to show ownership is different
4. the land must be specific

Question 10

can remove an easement by:

Answer 10

1. removement by consent
2. application through court

Question 11

what are covenants

Answer 11

promise related to land

Question 12

negative covenant is?

Answer 12

a promise not to do something

Question 13

positive covenant?

Answer 13

promise to do something

Question 14

registration systems (what is it)

Answer 14

the government does not guarantee the title (older system, not accurate)