Ch. 4 - Property Law Flashcards
Real Property
refers to land and anything attached to land (as long as it was considered an improvement)
Personal Property
all property other than real
Tangible personal property
(aka chattel, goods) property that has physical attributes. Owners can use, lease, rent, or sell. no registry for ownership.
Intangible personal Property
all personal property other than tangible
Intellectual Property
type of intangible personal property which is the expression of an idea in a variety of physical forms. if infringement occurs (when someone without consent does something that only the owner has a right to do), owner can seek remedies, possible penalties on infringing party. Includes:
1) copyright
2) patent
3) trademark
4) industrial design
5) integrated circuit topography
Property rights
1) use
2) sale
3) publication
4) reproduction
5) performance
6) exhibition
7) translation
8) dissemination
Ownership of Real Property in Canada
Federal/Provincial govts together own 89% of land in Canada, Provincial govts own 94% of land in BC
Fee Simple Right
an owner can do almost anything with the property. Bundle of rights:
1) Possession/using
2) selling
3) leasing
4) mortgaging
5) easement/ROW
6) restrictive covenant
7) license
8) profit a prendre
Joint tenants
two or more parties who each have an interest in real property, meaning that they own the right concurrently until one of them dies, at which point the remaining joint tenants automatically inhere the interest of the deceased
Tenancy in common
each of the right holders own a stated portion of the right, and if one of them dies the heirs of the deceased tenant in common inherit his or her interest.
Mines, Minerals, oil and gas, and air rights
generally not included in the fee simple right in Canadian Law. Prov and federal each hold some rights. For mines, minerals, oil and gas, the holder of subsurface rights needs access and a surface lease from the fee simple holder’s property to extract.
Lateral support
the land and buildings on a property will always have the same or greater support as when they were first built or purchased. A neighbor cannot undermine that support by digging and affecting the adjacent property.
Riparian Rights
provides rights to use water on or adjacent to a property. If tidal or navigable, owned by federal govt., if not, then has one or two right holders (owners)
Air rights
rights that extend above the physical property to a reasonable level above the property. Purpose is to prevent a neighbor from erecting a building that blocks all sunlight to the property. Sometimes include air space parcels so that different parties own different floors of a building.
Torrens system
a system run by the govt that creates and maintains certificates of title at land offices for every property. All real property rights are registered using this system in western provinces.
Right that run with the land
rights that are not just enforceable between the two parties who first agreed to them, but also to future owners who buy the property and take the fee simple right.
unpatented property
there is no certificate of title or registry entry for the property. property interests cannot be registered against unpatented lands. E.g. most aboriginal reserves.
Lease
provides a party with an exclusive right to occupy or possess all or part of the property for a set period of time
Mortgage
a form of security for a loan that provides the lender with right to be paid out of the value of the property when the property is sold, in priority to the holder of the fee simple right
Easements
The right to use a neighboring piece of property, generally for purpose of crossing it
Right of way (ROW)
an easement that grants a right to cross land
Restrictive covenant
a set of conditions imposed on one piece of property for the benefit of a neighboring property. E.g. height restriction of new building on neighboring property to keep view. runs with the land
license
provides a grant of rights to license to use a right held or owned by a licensor
Profit a Prendre
a combination of an easement and a license
Copyright
under the Copyright Act, protects the expression of words and data in original literary, musical, dramatic, and artistic works and must be in written form or performed, recorded, or communicated in a form such as radio or TV. lasts life +50 years, add (c) symbol with name & year of publcation
Patent
under the Patent Act, protect inventions, which are defined as any new and useful art, process, machine, manufacture or composition of matter or any useful improvement in any of the aforementioned areas.Registered, lasts 40 years
Trademark
under the Trade-marks Act, protect marks used to distinguish goods or services. Registered, lasts 15 years, renewable indefinitely, must use & protect or risk losing it
Industrial Design
Under the Industrial Design Act, protects the shape, configuration, and general look of mass-produced items. e.g. vehicles, furniture, toys. registered, last 10 years
Integrated Circuit topography
Under the Integrated Circuit topography Act, protects the design of integrated circuits. registered, last 10 years.
