Question 1

Tenancy in common and joint tenancy are distinguished by

Accepted Answer

The main difference between tenancy in common and joint tenancy is the right of survivorship. In joint tenancy, if one owner dies, their share automatically passes to the surviving owner(s). In tenancy in common, the deceased owner's share is inherited by their heirs or passes according to their will, and does not automatically pass to the other owner(s). The other options (probate, leasehold interests, probate fees, legal fees) are not specific distinguishing factors between the two types of tenancy.

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

Accepted Answer

Joseph's ability to walk over Jack's land to fetch water from the stream indicates that Jack's property is burdened with an easement benefiting Joseph's property. This makes Jack's property the servient tenement, as it serves Joseph's property, which is the dominant tenement.

Question 3

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

Accepted Answer

A condominium is a type of multiple-unit development in which each unit is individually owned in fee simple by the owner, who also has shared ownership of common areas such as hallways, elevators, and parks.

Question 4

A freehold estate

Accepted Answer

The answer of A freehold estate
...

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

Accepted Answer

Consultation with affected groups and accommodating their interests is a crucial component of fulfilling the government's duty to consult with Indigenous peoples. This duty arises from Indigenous peoples' rights to the land and resources, as well as from the Crown's constitutional obligation to consult with Aboriginal peoples when decisions made by the government could impact their rights or interests. Legislation, settling lawsuits, or restricting consultation to only proven rights do not necessarily guarantee meaningful consultation and accommodation of Aboriginal interests. Compliance with outstanding municipal orders is also important, but it is not the most relevant response to the situation described in the question.

Question 6

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

Accepted Answer

To seize to hold and sell land in order to realize the amount due under a judgment registered against the owner is to levy execution. A foreclosure sale is specifically for the forced sale of mortgaged property by a lender in the event of default, and a levy sale is a type of execution sale. Creditor execution and expropriation are not the correct terms for this type of sale.

Question 7

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

Accepted Answer

A remainder is the interest in real estate that is left after a life estate or other particular estate has ended. It represents the balance of the fee simple estate that will pass to a remainderman once the life estate or other particular estate concludes.

Question 8

A life estate is

Accepted Answer

A life estate is an estate in land that is held for the life of one person. After the person's death, the property passes to another owner, as determined by the terms of the life estate. This means that the holder of the life estate only has the right to enjoy the property during their lifetime and cannot leave the property to their heirs.

Question 9

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

Accepted Answer

Specific land claims allege that the Crown violated a treaty or improperly dealt with reserve land, which means that they have not fulfilled their commitments to Indigenous peoples under the treaties and therefore violated their rights.

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

Accepted Answer

The term commonly used in condominiums for structures and areas external to a unit is "common elements." This refers to the areas that all residents share and are jointly responsible for maintaining. The other options, such as joint tenancy areas, communal areas, general areas, and estates, may not accurately describe this concept in the context of a condominium.

Question 11

Which of the following can create an easement?

Accepted Answer

Only option C fits the definition of an easement, which is a legal right to use someone else's property for a specific purpose without owning it. Options A, B, and D do not involve the use of someone else's property and do not create an easement. Option E is incorrect because it includes options A, B, and D which do not create easements.

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.

Accepted Answer

Aboriginal rights are recognized and affirmed regardless of the existence of Aboriginal title to land. These rights are based on the historic occupation and use of the land by Indigenous peoples and can exist independently of Aboriginal title, which specifically refers to the ownership of 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.

Accepted Answer

Comprehensive land claims are agreements between the government and Indigenous groups that address land claims where there is no existing treaty or agreement. These claims seek to address past wrongs, clarify land ownership and usage, and provide compensation for any damages or losses incurred by Indigenous communities.

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

Accepted Answer

The remainder man is the person who receives the remainder of the fee simple after the life estate ends. In this case, Bob has been granted a life estate in the property, and when he passes away, the remainder of the fee simple will pass to his son Philip. Therefore, Philip is referred to as the remainder man.

Question 15

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

Accepted Answer

Compulsory transfer of land to a public body pursuant to statute is known as expropriation. This term is commonly used in legal contexts and refers to the process of taking private property for public use.

Question 16

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

Accepted Answer

A building scheme covers an entire neighbourhood, while a restrictive covenant applies only to a specific property or parcel of land. A building scheme typically sets out specific rules and regulations for the use and development of the land in a neighbourhood or development. It can include requirements for architectural style, building height, setbacks, and other factors. Unlike a restrictive covenant, a building scheme can be enforced by the developer or a homeowner's association, and can be extinguished if a 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

Accepted Answer

For an easement by prescription to be created, the owner must not object to the use of their land. Therefore, the correct answer is D, as the owner must know of the use but not object to it for a period of at least 20 years, conducted openly, and without force or threats against the owner, and without fraud or deceit.

Question 18

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

Accepted Answer

Absolute ownership of real property typically includes the right 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

Accepted Answer

Jack's conduct of transferring his interest in the home to his sister Janet two weeks before his death is known as severance. This means that the joint tenancy was severed, and Jack's interest in the property was no longer held jointly with Mary. This is different from preparing a will, which would only take effect upon Jack's death, and would not sever the joint tenancy during his lifetime. It is also different from the separation of interest, which refers to a situation where joint tenants convert their ownership into a tenancy in common, with each owner having a distinct share in the property.

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

Accepted Answer

A's family holds the land in fee simple, which is the highest form of ownership interest in real property. There are no restrictions or conditions attached to the land, meaning the owners have complete control and can sell, lease, or give away the property as they see fit.

Quiz 21: Interests in Land and Their Transfer