Question 1

Athina entered into a two-year lease with Ella,the landlord,to rent a small plot of land for a garden.Once the lease was made,Athian promptly sublet the land to Jonathan.
-Athina would be liable on the lease,even though the property was now in the possession of Jonathan.

Accepted Answer

Athina is still the tenant under the lease agreement and is responsible for fulfilling the terms of the agreement, including paying rent and maintaining the property. Subletting the property to Jonathan does not release Athina from her obligations under the lease. Therefore, she would still be liable on the lease.

Question 2

Athina entered into a two-year lease with Ella,the landlord,to rent a small plot of land for a garden.Once the lease was made,Athian promptly sublet the land to Jonathan.
-Jonathan must pay rent to Ella under the sublease.

Accepted Answer

Since Athina is not allowed to sublet the land without Ella's consent, any sublease agreement is not valid and Jonathan is not obligated to pay rent to Ella.

Question 3

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town.
-Any lease for a term of more than one year is an agreement that must be in writing to satisfy the Statute of Frauds.

Accepted Answer

The answer of Simple leased a small shop from Simon...

Question 4

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town.
-The right to distrain against the goods of Simple would be a remedy available to Simon,if Simple should default in the payment of his rent.

Accepted Answer

The right to distrain against the goods of Simple is a common law remedy available to Simon, as a landlord, in case Simple defaults in payment of rent. This means Simon can seize and sell the goods of Simple to recover the outstanding rent.

Question 5

A life estate may not be reserved by a vendor who sells land in fee simple.

Accepted Answer

A vendor can reserve a life estate when selling land in fee simple, but it must be explicitly stated in the legal documents of the sale.

Question 6

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town.
-Default in the payment of rent would be a basis upon which Simon could re-enter the premises leased by Simple.

Accepted Answer

This is a standard provision in most lease agreements. If the tenant fails to pay rent, the landlord has the right to terminate the lease agreement and re-enter the property.

Question 7

Smith leased an apartment from Baker that was located immediately above Baker's shop.Smith moved into possession on a monthly tenancy.The noise created by Baker in his shop disturbed Smith,although it would not disturb most people.
-If Smith abandons the property,Baker may re-enter,and the re-entry would be considered a termination of the lease.

Accepted Answer

If Smith abandons the property, Baker has the right to re-enter and take possession, which is typically considered a termination of the lease under property law principles.

Question 8

An estate in fee simple may not be sold by a person who holds a life estate.

Accepted Answer

The answer of An estate in fee simple may not...

Question 9

Anita wished to raise additional capital for her business,and arranged with Mia for a $10,000 mortgage on her estate,Faracre.Anita did not disclose the fact that she had previously borrowed $10,000 from Charles by way of a mortgage,and Charles had not registered his mortgage against the title of Faracre.Shortly after the mortgage to Mia was registered,Anita conveyed the estate to Neil,for $25,000.Neil was unaware of the mortgages to Mia and Charles,and did not examine the title to Faracre when he registered his deed.
-Neil's title would not be subject to the mortgage to Charles.

Accepted Answer

Neil's title would not be subject to Charles' mortgage because it was unregistered, and Neil, as a bona fide purchaser for value without notice, takes the property free of unregistered interests.

Question 10

A person who crosses another's land that surrounds his own may be said to have a prescriptive right of covenant.

Accepted Answer

The correct term for the right to cross another's land that surrounds one's own is a right of way, not a prescriptive right of covenant.

Question 11

Once the subtenancy is established,Jonathan may remove any trees on the property.

Accepted Answer

As a subtenant, Jonathan does not have the right to remove any trees on the property without the permission or approval of the landlord or the original tenant.

Question 12

Smith leased an apartment from Baker that was located immediately above Baker's shop.Smith moved into possession on a monthly tenancy.The noise created by Baker in his shop disturbed Smith,although it would not disturb most people.
-If the noise was such that it rendered living in the apartment impossible,Smith would be entitled to have the lease terminated.

Accepted Answer

Smith has the right to terminate the lease if the noise makes it impossible to live in the apartment, even if it wouldn't necessarily affect most people. This is due to the implied warranty of habitability, which guarantees tenants the right to quiet enjoyment of their rental property.

Question 13

Anita wished to raise additional capital for her business,and arranged with Mia for a $10,000 mortgage on her estate,Faracre.Anita did not disclose the fact that she had previously borrowed $10,000 from Charles by way of a mortgage,and Charles had not registered his mortgage against the title of Faracre.Shortly after the mortgage to Mia was registered,Anita conveyed the estate to Neil,for $25,000.Neil was unaware of the mortgages to Mia and Charles,and did not examine the title to Faracre when he registered his deed.
-Anita would be obliged to pay Charles the $10,000 covered by the unregistered mortgage.

Accepted Answer

Charles' mortgage was not registered against the title of Faracre, so it would take priority over the mortgage to Mia. Anita would still be liable to pay Charles the $10,000 covered by the unregistered mortgage.

Question 14

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town.
-Any lease for a term of more than three years must be in writing and under seal to comply with the Statute of Frauds.

Accepted Answer

The Statute of Frauds requires leases for terms of more than three years to be in writing and under seal.

Question 15

A sublease must terminate at a point in time on or before the point in time that the lease Athina and Ella expires.

Accepted Answer

A sublease cannot extend beyond the expiration date of the original lease.

Question 16

Anita wished to raise additional capital for her business,and arranged with Mia for a $10,000 mortgage on her estate,Faracre.Anita did not disclose the fact that she had previously borrowed $10,000 from Charles by way of a mortgage,and Charles had not registered his mortgage against the title of Faracre.Shortly after the mortgage to Mia was registered,Anita conveyed the estate to Neil,for $25,000.Neil was unaware of the mortgages to Mia and Charles,and did not examine the title to Faracre when he registered his deed.
-Neil would be obliged to pay Charles the $10,000 secured by the unregistered mortgage,if Anita defaulted in payment.

Accepted Answer

Neil, as a bona fide purchaser for value without notice of the unregistered mortgage, is not obliged to pay Charles. The unregistered mortgage is not enforceable against Neil, who took the property without knowledge of it.

Question 17

Anita wished to raise additional capital for her business,and arranged with Mia for a $10,000 mortgage on her estate,Faracre.Anita did not disclose the fact that she had previously borrowed $10,000 from Charles by way of a mortgage,and Charles had not registered his mortgage against the title of Faracre.Shortly after the mortgage to Mia was registered,Anita conveyed the estate to Neil,for $25,000.Neil was unaware of the mortgages to Mia and Charles,and did not examine the title to Faracre when he registered his deed.
-Neil would be obliged to pay Mia's registered mortgage to obtain a clear title to Faracre.

Accepted Answer

Mia's mortgage was registered against the title of Faracre before Neil's deed was registered, which means that it takes priority over any subsequent interests. Therefore, Neil would have to pay off Mia's mortgage to remove the encumbrance on the title and obtain a clear title to Faracre. Charles' unregistered mortgage is irrelevant in this scenario as it does not affect the priority of Mia's registered mortgage.

Question 18

The Crown ultimately holds all land in Canada,and ownership by people is a mere form of tenancy.

Accepted Answer

This is known as the concept of "Crown Land" in Canada. While individuals may own land and have certain rights to use it, the ultimate ownership and authority over all land in Canada rests with the Crown, which is represented by the federal and provincial/territorial governments.

Question 19

Smith leased an apartment from Baker that was located immediately above Baker's shop.Smith moved into possession on a monthly tenancy.The noise created by Baker in his shop disturbed Smith,although it would not disturb most people.
-The noise created by Baker in his shop was in violation of his covenant of "quiet possession."

Accepted Answer

The covenant of "quiet possession" refers to the tenant's right to possess the property without interference from the landlord or others claiming superior title, not to noise disturbances.

Question 20

Smith leased an apartment from Baker that was located immediately above Baker's shop.Smith moved into possession on a monthly tenancy.The noise created by Baker in his shop disturbed Smith,although it would not disturb most people.
-If the noise constituted a nuisance at law,Smith would be entitled to obtain an injunction to stop Baker from making the noise.

Accepted Answer

Smith would be able to obtain an injunction if the noise constituted a nuisance at law, even if it would not disturb most people. The fact that Smith's sensitivity to the noise may be greater than that of others does not necessarily negate the possibility of a nuisance.

Quiz 13: Real Estate Law

Athina entered into a two-year lease with Ella,the landlord,to rent a small plot of land for a garden.Once the lease was made,Athian promptly sublet the land to Jonathan. -Athina would be liable on the lease,even though the property was now in the possession of Jonathan.

Athina entered into a two-year lease with Ella,the landlord,to rent a small plot of land for a garden.Once the lease was made,Athian promptly sublet the land to Jonathan. -Jonathan must pay rent to Ella under the sublease.

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town. -Any lease for a term of more than one year is an agreement that must be in writing to satisfy the Statute of Frauds.

Simple leased a small shop from Simon for a five-year term.The shop was located in a small town. -The right to distrain against the goods of Simple would be a remedy available to Simon,if Simple should default in the payment of his rent.