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law > ch 13 > Flashcards

ch 13 Flashcards

1
Q

real property

A

land, buildings, things attached to land

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2
Q

giant carrot theory

A

ownership extends from the centre of the earth to the skies

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3
Q

estate in land

A

a grant for an exclusive right to possession for a period of time

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4
Q

types of estates

A

fee simple
life estate
leasehold

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5
Q

fee simple estate (freehold estate)

A

person with fee simple owns the land
can use property as wishes
may dispose of property at any time - sale, gift or will
closest estate in land to giving complete ownsership

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6
Q

limitations on rights of fee simple ownership

A

tort obligations associated with land - occupiers liability rule in Rylands v Fletcher, nuisance
govt regulation - and use regulations; planning, zoning, building regulations, municipal by laws, environmental regulations
expropriation - forced sale to govt for legit reason
nonposessory interests

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7
Q

life estate

A

right to exclusive posession of property during lifetime

- automatically terminates upon death - no right to dispose of property during lifetime or upon death

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8
Q

life estate - reversion and remainder

A

reversion: returns to grantor or grantors estate
remainder: goes toperson designated by the grantor

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9
Q

life estate - waste

A

life estate holder liable for waste during time in possesion - an act that significantly reduces the value of the land

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10
Q

parties to a life estate

A

grantor: person making the life estate (fee simple owner of the land)
grantee: person receiving the life estate (the life tenant)
reversionary interest: land transfers back to the original owner (or heirs)
remainder interest: land transfers to designated person upon death of life tenant

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11
Q

leashold estate

A

right to exclusively possess the property for a specified period
- period of time must be state at the outset of the lease contract

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12
Q

forms of ownership

A

individual - one party owns land

shared - more than one party owns land

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13
Q

features of share ownership

A

owners of same property
owners have an ownership interest over the entire property
each party is entitiled to share in the general profits generated by the propoerty

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14
Q

forms of shared ownership

A

joint tenancy

tenancy in common

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15
Q

joint tenancy

A

all shared owners to have identical interests

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16
Q

joint tenancy - right of survivorship

A

joint tenant has no right to dispose of interest on death

deceased joint tenants interest automatically passes to the remaining surviving tenants

17
Q

tenancy in common

A

all shared owners do not need to have identical interests
- no right of survivorship: has right to dispose of interest on death
does not automatically pass interest to surviving tenants

18
Q

partition

A

involvement of the court to divide either property or the sale proceeds from the property

applies to both JT and tenancy in common

court can broker an agreement between the parties or court can make an order dividing the land or the proceeds

19
Q

BC partition property act section 6

A

court try to mediate a plan between the parties
- if mediation doesnt work:
make order for the sale of propoerty and distribute proceeds
make an order for the division of property

20
Q

strata properties

A

governed by strata Property act

21
Q

operation and management of strata properties

A 
pass strata by laws 
manage day to day strata activities 
administer contingency reserve fund for larger projects 
assess strata fees 
levy special assessments
22
Q

non-possessory interests

A

an interest in real property that does not give the holder of the interest a right of possession in the property

23
Q

types of non possessory interests

A

easements
restrictive covenants
mineral leases

24
Q

easement

A

right to use neighbours land

EASEMENTS RUN WITH THE LAND AND NOT THE PERSON

25
Q

positive easement

A

allows a party to do something on neighbours land ( most common type of easement)

26
Q

negative easement

A

party prohibited from doing something on land to favour the neighbour

27
Q

Parties to an easement

A

parties to an easement will always be negihbours \

  • dominant tenement : property that enjoys the benfit of the easement
  • servient tenement: property that bears the burden of the easement
28
Q

creation of easement

A
  • express easement: agreement between parties
  • implied easement: necessary for practical convenience
  • prescriptive easement: notorious long term use (rare)
    statuatory easement: public utlities (
    no dominant tennement)
29
Q

restrcitive covenant

A

promise by the owener of the land limiting the use of land

  • can only arise by agreement
  • limits the servient tenements use of land

law (5 decks)

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