1.2 - Estates and Interests in Land

Question 1

what are the 2 types of crown land?

Answer 1

freehold & leasehold

Question 2

what is freehold land?

Answer 2

do as you wish
lifetime ownership
can be inherited

Question 3

what is leasehold land?

Answer 3

includes First Nations land
city owned and federal land

Question 4

what are the rights of a life estate?

Answer 4

to use and occupy
to receive revenue

Question 5

what are the obligations of the life estate?

Answer 5

yearly operational expenses
waste
paying interest on the mortgage (not principal or insurance premiums)

Question 6

what is estate pur autre vie?

Answer 6

Lives in house that is left to someone in will, but has to vacate when that person dies

Question 7

what are the 3 common law wastes & what is the 4th category of waste?

Answer 7

voluntary
permissive
ameliorating
equitable

Question 8

what is voluntary waste?

Answer 8

direct, positive acts that result in damage to property beyond the use to which a life tenant is entitled. life tenant liable to remainderman/reversioner for this waste. I.e. demolishing separate garage on property

Question 9

what is permissive waste?

Answer 9

allowing property to deteriorate
no obligation to repair/compensate for permissive waste (i.e. not maintaining roof, letting it deteriorate)

Question 10

what is ameliorating waste?

Answer 10

direct, positive acts that improve the property. life tenant is liable, but no damages usually awarded bc property is improved. (i.e. constructing a deck)

Question 11

what is equitable waste?

Answer 11

destroying the property (burning the house down)

Question 12

What is the penalty for waste?

Answer 12

usually states that not liable for common law waste (VPA), but liable for equitable waste

Question 13

what is a fixture?

Answer 13

affixed to enhance the land
goes with the land
will belong to the purchaser
ex: tree

Question 14

what is a chattel

Answer 14

affixed for enjoyment of the item
excluded from the purchase price and can be removed
remain the personal property of the seller
ex: chandelier

Question 15

do you own air space, subsurface, or water rights of property?

Answer 15

air - yes
subsurface (claims to mined materials) - no
water rights - no

Question 16

what is an easement?

Answer 16

the right to use a particular area of land for a particular purpose, with dominant and servient tenement. shows up as a charge against title.

Question 17

what receives the benefit of an easement?

Answer 17

the land, NOT the owner

Question 18

3 requirements for easement?

Answer 18

1. dominant and servant tenement
2. easement must accommodate dominant tenement
3. there must be set boundaries (don’t have to be adjacent unless statutory rights of way)

Question 19

how are easements formed and released?

Answer 19

created: statute, document, implication of law, prescription (not in BC)
released: express agreement between both tenements, application under property law act

Question 20

what is a restrictive covenant?

Answer 20

imposes restriction on the use of 1 person’s land for the benefit of another - negative in nature cause can’t do something

Question 21

what is the difference between covenantee and covenantor?

Answer 21

covenantee imposes restriction, covenanter agrees to be bound by it

Question 22

5 essential requirements for restrictive covenant?

Answer 22

1. negative in nature (CAN’T)
2. benefits covenantee in some way
3. benefited and burdened land must be identified in agreement that creates restrictive covenant
4. binds to the land (doesn’t benefit just current owner but future ones)
5. if original covenantor (burdened) assigns their land, has to inform owner

Question 23

what is the main difference between positive and restrictive covenants?

Answer 23

restrictive run with the land, positive don’t

Question 24

what is a profits a prendre?

Answer 24

to enter the land of another for profit (I.e. fish/hunt)
may have dominant and servient lot

Question 25

what is a building scheme?

Answer 25

a group of restrictive covenants on 2 or more lots in a subdivision to maintain uniformity - runs with the land, but everyone has to get their title from the same vendor initially

Question 26

what are the 3 basic requirements of a building scheme?

Answer 26

1. obligations must be negative in nature
2. must be land that is benefitted and burdened
3. title to the land affected by the covenant must be registered under the land title act

Question 27

what differs a license from an easement?

Answer 27

license cannot be registered. its a contractual right/privilege to do something, and doesn’t run with the land

Question 28

what are the 2 types of co ownership?

Answer 28

joint tenancy
tenants in common

Question 29

what is joint tenancy?

Answer 29

2 or more people hold an undivided estate/interest in a property. when 1 person dies, survivor owns whole (right of survivorship)

Question 30

what are the 4 unities of joint tenancy?

Answer 30

1. time: receive interests at the same time
2. title: receive interests from same document
3. interest: same interest (i.e. fee simple/ life estate/ leasehold/ half a fee simple)
4. possession: entitled to possession of the whole of the estate (not just a portion of it separately)

Question 31

how to create a joint tenancy?

Answer 31

has to be expressly created, otherwise co-owners will be presumed to be tenants in common

Question 32

how to terminate joint tenancy (3 ways)?

Answer 32

1. operation of law (joint tenant sells or mortgages their estate)
2. partition by mutual agreement of joint tenants
3. partition by a court order under the partition of property act

Question 33

what is a tenancy in common?

Answer 33

when 2 or more people hold estates or interests in a property and each has a separate share. each may sell or bequeath their interest. if die without selling it, interest passes as part of estate (doesn’t go to other person). can have different proportions of ownership (1/2, 1/4, 1/4)

Question 34

do you need consent from joint tenants/tenants in common to share your part of the estate?

Answer 34

no. can just sell it and it becomes joint tenancy with new buyer

Question 35

how do you end a tenancy in common (3 ways)?

Answer 35

1. agreement between parties to sell one tenant’s interest to the other
2. an agreement btwn the parties to sell the whole interest to a 3rd party
3. a court order under the partition of property act