Deck 21: Interests in Land and Their Transfer

Question 1

Tenancy in common and joint tenancy are distinguished by

A)probate.
B)leasehold interests.
C)probate fees.
D)legal fees.
E)the right of survivorship.

Answer 1

E

Question 2

Jack buys a farm house.The day after he buys the home he sees Joseph,another farmer,walking over his property with a pail,towards a nearby stream.Jack is angry that Joseph is walking over his land and he tells Joseph not to do so.Joseph tells him that he has a right to walk over the land to fetch water from the stream.Joseph tells Jack that the right has existed since Joseph's great-grandfather purchased the property.This means that Jack's property is a

A)severance.
B)servient tenement.
C)right of way.
D)statutory easement.
E)dominant tenement.

Answer 2

B

Question 3

A unit in a multiple-unit development that may be owned in fee simple is usually referred to as

A)real estate development.
B)life estates.
C)a condominium.
D)joint tenancy.
E)a tenancy in common.

Answer 3

C

Question 4

A freehold estate

A)an interest in land that is indeterminate in time.
B)a holder of a life estate.
C)an interest in land that is closest to complete ownership.
D)a fixed time during which a person holds an interest in land.
E)an estate in land held for the life of one person.

Question 5

When proposed new uses or changes in use,such as cutting down trees or mining,could negatively impact Aboriginal interests,the government must

A)pass legislation authorizing the proposal.
B)settle any existing lawsuit prior to changing any use.
C)consult with affected groups and make a genuine good faith effort to accommodate their interests.
D)restrict consultation to only proven rights.
E)comply with outstanding municipal orders relating to the land.

Question 6

To seize to hold and sell land in order to realize the amount due under a judgment registered against the owner is

A)a foreclosure sale.
B)to levy execution.
C)a levy sale.
D)a creditor execution.
E)to expropriate the property.

Question 7

After a life estate has been carved out,the balance of the fee simple is called

A)a balance.
B)an estate reversion.
C)a remainder.
D)a remainder of estate.
E)a balance of estate.

Question 8

A life estate is

A)an interest in land that is indeterminate in time.
B)an interest in land that is closest to complete ownership.
C)a holder of a life estate.
D)an estate in land held for the life of one person.
E)a fixed time during which a person holds an interest in land.

Question 9

Aboriginal land claims take multiple forms and have multiple forums for resolution.Specific land claims allege that the Crown

A)violated claims involving lands not covered by a treaty.
B)violated claims involving lands not covered as part of a reserve.
C)violated a treaty or improperly dealt with reserve land.
D)violated a court order for possession.
E)violated colonial law.

Question 10

In a condominium,structures and areas that are external to a condominium unit,such as the reception,stairs,gardens,and gymnasium,are referred to as

A)joint tenancy areas.
B)common elements.
C)communal areas.
D)general areas.
E)estates.

Question 11

Which of the following can create an easement?

A)the right to exclusive occupation of a building for 25 years
B)permission from your neighbour to hold a garage sale in his yard
C)the right to use your neighbour's driveway to reach the garage on your property
D)the right to go onto your neighbour's property to extract coal
E)all of the above

Question 12

A right entitles the Aboriginal nation to continue the use or tradition on a non-exclusive basis but it depends on the existence of Aboriginal title over the affected land.

Question 13

Comprehensive land claims deal with lands that are not subject to a treaty but in which an Aboriginal interest,right,or title is claimed.

Question 14

By the terms of his will,Ted gives a life estate in a small home he owns to his brother Bob.Ted then directs that the rest of the fee simple pass to his brother's son Philip after Bob dies.Bob's son is referred to as

A)the reversion man.
B)life tenant.
C)the remainder man.
D)tenant in common.
E)servient tenement.

Question 15

When land is compulsorily transferred to a public body pursuant to statute,this is known as

A)transfer by operation of statute.
B)reservation.
C)transfer.
D)levy execution.
E)expropriation.

Question 16

A building scheme is different from a restrictive covenant because a building scheme

A)applies only to a condominium development.
B)covers an entire neighbourhood.
C)requires an owner to get developer approval before building.
D)does not bind future purchasers.
E)can be extinguished if the majority of owners agree.

Question 17

In some parts of Canada,using another person's land may give an adjoining landowner an easement over her or his neighbour's land.An easement by prescription will not be created if

A)there is a continuous exercise of the right for a period of at least 20 years.
B)the exercise of the right is conducted openly.
C)the exercise of the right is without fraud or deceit.
D)the owner is aware of the use and does not object.
E)the exercise of the right is without force or threats against the owner.

Question 18

Absolute ownership of real property does not entitle the owner to sell it.

Question 19

Jack and Mary owned their matrimonial home as joint tenants.Approximately two weeks before he passed away,Jack prepared a new document that transferred his interest in the home to his sister Janet.Jack's conduct is known as

A)transference.
B)preparing a will.
C)severance.
D)separation of interest.
E)last will and testament.

Question 20

A's family has owned a parcel of land for five generations.There are no restrictions or conditions attached to the land.In this case,A's family holds the land

A)as a licence.
B)as a leasehold interest.
C)in fee simple.
D)as a life estate.
E)as an easement.

Question 21

It has been suggested that the disadvantages of owning a condominium are actually minimal.Explain one situation where this statement may be less than accurate.

Question 22

Explain the difference between a restrictive covenant and a positive covenant.

Question 23

Erin and Oliver own their house as joint tenants.Erin makes a will leaving her interest in the house to her parents; Oliver makes a will leaving his interest in the house to his parents.Erin and Oliver are both killed as a result of a car accident.Erin dies one week before Oliver.Her interest in the house will pass to her parents.

Question 24

Unless someone has adverse possession,the law presumes an owner to be in possession of his or her property.

Question 25

What is expropriation?

Question 26

Explain the common law concept of severance.

Question 27

Where A leaves his land to his spouse for life and after her death to his son for life and after the son's death to his daughter,the daughter holds a life estate in the land.

Question 28

What is a condominium corporation?

Question 29

In the Supreme Court of Canada case of R.v.Adams,the court held that Aboriginal rights do not depend on the existence of Aboriginal title.Briefly describe the decision and how the court dealt with the lower court conviction.

Question 30

An estate in land given by A to B during A's life gives A a remainder in the land.

Question 31

Explain two major advantages of the land titles system of registration.

Question 32

Two benefits of owning a condominium are absolute ownership and the sharing of all common expenses.

Question 33

An eavestrough that overhangs A's house onto B's land is an encroachment.

Question 34

Where A takes a shortcut over B's land for six years without B's consent,A is a trespasser.

Question 35

These days,it is wise for a purchaser of real property to obtain title insurance.Explain.

Question 36

An easement can only be acquired through the use of land and never by way of a grant or transfer from the owner of the land.

Question 37

Today,most utility companies have easements over residential property.

Question 38

Aboriginal land claim disputes often wind up in courts of law.Briefly describe the remedies that can be awarded by a court of law in relation to these types of claims.

Question 39

Michael has been in adverse possession of a home for close to 30 years.Assume that the limitation period for adverse possession is 31 years and that a few months before the end of the thirtieth year the owner returns to the property and demands rent from Michael,which Michael pays.This means that adverse possession has been interrupted and the limitation period will start to run again.

Question 40

Jack buys a farmhouse.The day after he buys the home,he sees Joseph,another farmer,walking over his property with a pail,towards a nearby stream.Jack is angry that Joseph is walking over his land,and he tells Joseph not to do so.Joseph tells him that he has a right to walk over the land to fetch water from the stream.Joseph tells Jack that the right has existed since Joseph's great-grandfather purchased the property.This means that Joseph has a right of way.

Question 41

Describe the two main classifications of interests in land.

Question 42

When is an owner's title to property extinguished?

Question 43

Explain the distinction between a tenancy in common and a joint tenancy.

Question 44

Explain the effect of severance and how can it be done.

Question 45

What is a life estate?

Question 46

A potential purchaser of land is often provided with a time period under the agreement of purchase and sale to search for information relating to the property.This has the effect of reducing the risks of receiving defective title.One of the sources of information that can be obtained or requisitioned is a survey.What is a survey,and why is it important for a purchaser to consider obtaining?

Question 47

Explain why it is important to conduct,before closing,a zoning search of property that is the subject matter of an agreement of purchase and sale.

Question 48

Before present-day legislation,which permits electronic registration,grants of land by deed had affidavits attached to them that identified both the vendor and the purchaser,and these affidavits were sworn under oath.As a result,identity theft and fraud seldom occurred.Today,however,such affidavits have been done away with in transfers,particularly in situations where registration is by electronic means.Given the rise in identity theft and the corresponding number of fraudulent transfers related to land,discuss whether there is good reason to return to the ways of the past and,if not,the best way to protect the parties involved in the purchase and sale of land.

Question 49

Michael has been in adverse possession of a home for close to 30 years.Assume that the limitation period for adverse possession is 31 years and that a few months before the end of the thirtieth year the owner returns to the property and demands rent from Michael,which Michael pays.Explain the effect on Michael's adverse possession.

Question 50

A is making his last will.He wants to leave his cottage property to his daughter and her husband,but in such a way that neither of them can deal with the property without the consent of the other and that when one of them dies,the other will become the owner of the property.He also wants to leave his condominium for the use and possession of his son during his son's lifetime,and after that to his niece and her husband,although he wants to specify that his niece will have an undivided 85 percent interest in the condominium and her husband an undivided 15 percent interest.State the type of estates that the beneficiaries will have in A's property,as well as the type and quality of ownership.