Deck 13: Real Estate Law

Question 1

Jamie acquired a block of land in fee simple under a crown patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Victoria for life,then to Tina.Jamie died possessed of Whiteacre,leaving the land to Patti.
Tina is not entitled to possession of Blackacre until Victoria's death.

Answer 1

True

Question 2

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
The grant of the right-of-way is an estate in land.

Answer 2

False

Question 3

Jamie acquired a block of land in fee simple under a crown patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Victoria for life,then to Tina.Jamie died possessed of Whiteacre,leaving the land to Patti.
Jamie,as the holder of Blackacre in fee simple,was entitled to grant a life estate to Victoria.

Answer 3

True

Question 4

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
If Doe forecloses on the land,and later sells it for less than the amount of the mortgage,he may then take action against Hughes for the deficiency.

Question 5

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
Brown was not entitled to build a boathouse on the right-of-way.

Question 6

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
As an alternative,Doe might take action against Brown,the original mortgagor,on his covenant to pay.

Question 7

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
The lot owned by Brown is the dominant tenement.

Question 8

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
The lot owned by Green is the dominant tenement.

Question 9

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
If Doe took action against Brown,and Brown paid the amount owing on the mortgage,Brown would be entitled to an assignment of Doe's rights against the land and against Hughes.

Question 10

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
The lot owned by Green is the servient tenement.

Question 11

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 was unaware of the mortgage to Mia,and consequently,Neil's title to Faracre would not be subject to the mortgage.

Question 12

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
Green was entitled to take legal action against Brown to have the boathouse removed.

Question 13

Jamie acquired a block of land in fee simple under a crown patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Victoria for life,then to Tina.Jamie died possessed of Whiteacre,leaving the land to Patti.
Tina is called a remainderman.

Question 14

Green owned a cottage lot that had frontage on a lake.He later granted a 10-foot-wide right-of-way to Brown,who had a lot behind his lot,to enable Brown to reach the lakeshore to launch his power boat.The next year,Brown built a boathouse on the 10-foot strip in which to store his boat during the winter months.When Green discovered the boathouse a few months later,he hired a bulldozer,and pushed the boat house off the land,and into the lake.
Green is the owner of the land,subject only to Brown's right-of-way on the 10-foot strip of property.

Question 15

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
Doe would be entitled to foreclose on the mortgage when Hughes defaulted on the payment.

Question 16

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
Doe would be entitled to sell the land when Hughes defaulted on the payment.

Question 17

Brown gave a mortgage to Doe on a parcel of land (located in Ontario)that he owned.Brown later sold the mortgaged land to Green.Green,some time later,sold the land to Hughes.Hughes defaulted on payment of the mortgage.
If Doe institutes foreclosure proceedings against Hughes,Hughes may ask the court to convert the foreclosure to sale proceedings.

Question 18

Jamie acquired a block of land in fee simple under a crown patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Victoria for life,then to Tina.Jamie died possessed of Whiteacre,leaving the land to Patti.
Victoria is not free to charge or dispose of any part of Blackacre without Tina's consent.

Question 19

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.
Consider the title to Neil's property,and Neil's legal position with respect to Charles and Mia.Charles's unregistered mortgage would take priority over Mia's registered mortgage,because it was signed and given by Anita first.

Question 20

Jamie acquired a block of land in fee simple under a crown patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Victoria for life,then to Tina.Jamie died possessed of Whiteacre,leaving the land to Patti.
Patti acquired Whiteacre in fee simple under Jamie's will.

Question 21

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.

Question 22

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.

Question 23

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.

Question 24

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.

Question 25

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

Question 26

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.

Question 27

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.

Question 28

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

Question 29

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.

Question 30

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

Question 31

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

Question 32

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.

Question 33

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.

Question 34

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.

Question 35

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

Question 36

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.

Question 37

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.

Question 38

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

Question 39

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."

Question 40

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.

Question 41

Where a debtor in default under a mortgage is in possession of the premises,a writ of possession would be required prior to conducting a sale.

Question 42

An injunction is the most appropriate remedy in the breach of a restrictive covenant.

Question 43

Death of one of two joint tenants vests ownership of the property entirely in the survivor.

Question 44

The debtor under a mortgage must give his consent before a lender can assign a mortgage to another lender.

Question 45

Only the Registry System requires a search of title back 40 years to determine the true owner of a property.

Question 46

As long as money is owing,the lender under the mortgage owns the lands.

Question 47

A "charge" is a "mortgage" under the Land Titles System.

Question 48

The only "legal mortgage" that can be made is the "first mortgage."

Question 49

The mortgagee advances money to the mortgagor.

Question 50

A mortgage dated and signed on February 28,1998,registered March 3,1998 would be the first mortgage over another dated and signed January 19,1998,registered March 6,1998.

Question 51

In a situation of default,it is easier for the lender to realize on his security by obtaining a final order of foreclosure rather than conducting a power of sale.

Question 52

A lease of 21 years where the tenant acts as an owner will create a claim of adverse possession for the tenant.For this reason,no single lease is permitted for a period greater than 20 years.

Question 53

Only an adjoining landowner may enforce a restrictive covenant on the use of a neighbour's land.

Question 54

A residential water heater rented from an electric or water utility is a fixture in law.

Question 55

Death of one of two tenants-in-common vests ownership of the property in the other one.

Question 56

An "open mortgage" may be repaid at any time.

Question 57

The feudal notion of "escheat to the Crown" has no modern-day counterpart.

Question 58

A residential water heater is a fixture in law.

Question 59

Where the roof of one person's home overhangs the lot line of the property of another person,a situation of possessory nuisance has been created.

Question 60

Mary was left her grandfather's interest in lands by his will.Her grandfather was a joint tenant with a third person.Mary decides to mortgage her interest in that land to the bank.The bank will give her the money.

Question 61

No lease other than a written lease may be brought before the courts for enforcement.

Question 62

A water purifier attached to a residence by a tenant at his own expense may not be removed by him on expiry of the lease.

Question 63

In the case of a periodic tenancy,after one year and in the absence of a notice to quit,the tenancy becomes a tenancy at sufferance.

Question 64

Distress is the right of a landlord to seize and sell a tenant's goods to satisfy rental arrears.

Question 65

The legal responsibility for payment of property tax,even if provided for in the lease,rests with the lessee.

Question 66

The major advantage to a lessee in a sale-and-lease-back transaction is that what are now rental payments are a deductible expense.

Question 67

A lease creates both privity of estate and privity of contract between the lessee and the landlord.

Question 68

One individual may be both the landlord and tenant for the same parcel of land.

Question 69

Once zoning is in place on a parcel of land,minor exceptions can be made after a formal process is completed.

Question 70

A lease which that not specify a definite term to expiry but where rent is paid monthly (a)renews itself monthly,and (b)need not be in writing.

Question 71

The day following expiry of a residential tenancy,the landlord has an absolute right to re-enter the premises.

Question 72

An equity of redemption is a mortgageable estate in land.

Question 73

It would be customary for a developer to deliver only partial discharges of a development mortgage to purchasers of homes on residential building lots.

Question 74

Zoning is limited to regulating the structures that can be built on a parcel of land.Zoning cannot completely prohibit development.

Question 75

Where the leased premises are subject to a covenant that runs with the land,a third party with the right to enforce the covenant should sue the lessor for a breach of that covenant.

Question 76

A mortgage given verbally,before witnesses,is an equitable mortgage and is enforceable in Canadian courts.

Question 77

To be enforceable against a tenant,a lease of over three years must be registered on the title of the property.

Question 78

Where a tenant sublets,privity of contract between himself and the landlord comes to an end.

Question 79

Where a mortgagor sells property that he or she has mortgaged,in the absence of an agreement to the contrary,he or she will remain liable for payment of the mortgage.

Question 80

Zoning is a process legislated by the federal government.