Chapter 2: Estates and Interests In Land Flashcards
What are the two types of crown land?
1) Freehold (Fee simple)
2) Leasehold
Freehold / Fee simple estates
- do as you wish
- lifetime ownership
- can be inherited
Leasehold land
INCLUDES First Nations land
City owned and federal land
Remainderman
Freehold land that is stated in the will
This is the name for the person who is written in the will to get the land
Reversioner
This is the name for the person who isn’t stated in the will but gets the land
Who pays the mortgage principle if there is a life estate to the land?
The remainder man
Is land ownership absolute?
Land ownership is not absolute!
Your land is subject to the crowns land use regulation
They have the right to take your land back for a variety of reasons
Expropriate
The crown taking your land back
Life estate
Lasts for the lifetime of the holder
Called a life tenant
It is a charge to title
Who pays the interest on a mortgage if there is a life estate?
The life tenant pays the interest
The remainderman pays the principle
Estate Pur Autre Vie
“Based on the life of”
Meaning the life estate can sell the land
But, when the life estate holder (the life tenant) dies, the estate pur autre vie loses access
Life estates / life tenants have 2 rights, what are they?
1) the right to use and occupy the land
2) to receive revenue
Life estates / life tenants have multiple obligations if they wish to use the land, what are they?
1) must pay yearly operational expenses (such as property taxes)
2) must deal with waste
3) must pay the interest on the mortgage (not principle or insurance premiums)
There are 2 categories of waste, what are they?
1) common law waste
2) equitable waste
Types of common law waste
Acronym: VPA
Voluntary
Permissive
Ameliorating
Voluntary waste
Type of common law waste
Include cutting down trees or pulling down the garage
Small damage to the land
Permissive waste
Type of common law waste
Involves allowing the property to deteriorate
The one type of waste you cannot be sued for
Ameliorating waste
Type of common law waste
Involves improving the property
Such as building a fence or planting trees
Equitable Law has one type of waste, what is if?
Equitable (lol)
Equitable waste
Type of equitable law
Involves the destruction of the building
Big damage!
Life without impeachment for waste
This simply means you are only responsible for equitable waste (big damage) and not the 3 common types
What is the one type of waste the judge can never enforce
Permissive waste!
As doing absolutely nothing isn’t considered against the law
What are the two “extents of ownership” in land?
1) fixtures
2) chattels
Fixtures
Fixtures go with the land
Will belong to the purchaser of the house
Affixes to enhance the land
Two part test for fixtures
1) degree of affixation (enhancement or enjoyment)
2) purpose of affixation
Chattels
Chattels remain the personal property of the seller (ie the tv, but not the mount)
Affixed for the enjoyment of the item
Any item excluded from the purchase price can be removed
“Ownership of land” involves 3 aspect, what are they?
1) airspace - yes, but not as far as the eye can see
2) subsurface - no, nothing expensive is yours (ie gold, oil)
3) water rights - no, if you live on the lake you don’t own the water
Interest in Land Less Than Estates
1) easements
2) restrictive covenants
3) profits a prendre
Easement definition
The right to use a particular area of land for a particular purpose or
Example: to walk across someone land to get to the lake
3 factors that must be present for a valid easement
1) must have dominant and servient lot (except for statuatory right of way, such as BC hydro)
2) should accommodate the dominant tenement (it’s the land that benefits from an easement, not an owner)
3) form the subject matter of a grant (it creates boundaries)
Restrictive covenants definition
Imposes a restriction on the use of one persons land for the benefit of another piece of land
Example: Such as imposing height restrictions on the lot infront of your house so it doesn’t block your view
Restrictive covenants must be ________ in nature
Negative
Restrictive convents ________________________, meaning sale of land doesn’t effect remove it
Runs with land
Restrictive covenants are _________ on the parties (Covenantee and covenanter)
Binding
Profits a prendre
To enter the land of another person to take some profit
Example: to fish or hunt on the land
May have dominant and servient lot but not ‘’must’ or required
How to release an easement, restrictive covenant, or profits a prendre
1) by an express agreement - dominant tenement releases (mutual agreement)
2) discharge of interest - courts may cancel or modify
Building scheme
A group of restrictive covenants to maintain UNIFORMITY
Building scheme specifics to be valid
1) the parties must receive their title from the same vendor and purchasers May sell to others without affecting the building scheme
2) restrictions apply equally to all lots and must be consistent with some general scheme of development
3) the benefit of the restrictions should bind each lot
What are the two types of Co-ownership of land
1) joint tenancy
2) tenants in common
Joint tenancy involves 4 unities / components that must all be met, what are they?
1) unity of time
2) unify of title
3) unity of interest
4) unity of possession
Unity of time
Part of the 4 unities of joint tenancy
Must receive interest at the same time (aka both be present to sign)
Unity of title
Part of the 4 unities of joint tenancy
Must obtain their interest from the same document
Aka must both be there to sign the same sheet
Unity of interest
Part of the 4 unities of joint tenancy
Must have the same interest in land
Same kind of interest - aka everyone must be fee simple
Unity of possession
Part of the 4 unities of joint tenancy
Undivided interest in the entire property
Meaning you can’t divide the house by floors, or back half. Everyone owns the entire place
For a joint tenancy, does everyone need to invest an equal amount in the land?
The actual money can be invested anyway, 50-50, 25-75, 40-60, but the interest in the land must remain 50-50
Define Right of Survivorship
in joint tenancy: when one of the owners of the land dies, the entire property is inherited in the remaining owner, or split between multiple owners equally
Can you put a joint tenancy in a will!
You cannot
But you can sell your share
Tenants in common
Has a single unity: unity of possession (meaning everyone has entire ownership of property)
Owners do not have equal shares, money, or time in the property
You can will it
No right of survivorship
If it isn’t specified on paper, your co-ownership of land always defaults to
Tenants in common
If a fee simple owner dies with no will and no heirs, what happens to the property?
It would escheat back to the crown
Cornelius gave a life-estate to Ruell which did not especially state anything about Ruells liability for waste. Ruell will not be liable to the remainderman for
Permissive waste
As you cannot sue for doing nothing
Where an item has been a fixed for the enhancement of the use of the premises, that is evidence the item is chattel?
False
Fixture = enhancement Chattel = enjoyment
