chapter 22 - interests in land

Question 1

real property

Answer 1

a term used to describe land and everything permanently attached to it. (in common law, the term real property includes buildings constructed on the land, the minerals or anything else below the surface, and the airspace above)

Question 2

fixture

Answer 2

a chattel that is constructively or permanently attached to land. chattels are personal property

Question 3

tenure

Answer 3

a method of holding land granted by the crown

Question 4

fee simple

Answer 4

an estate in land that represents the greatest interest in land that a person may possess, and that may be conveyed or passed by will to another, or that on an intestacy would devolve to the person’s heirs

Question 5

in canada, all land is owned by who?

Answer 5

the crown, and estates of land in fee simple are granted by crown patent to individuals

Question 6

escheat

Answer 6

the reversion of land to the crown when a person possessed of the fee dies intestate and without heirs

Question 7

expropriation

Answer 7

the forceful taking of land by a government or government agency for public purposes (crown must compensate person when land is expropriated) - must be justified for some public purpose

Question 8

deed/transfer

Answer 8

written or printed instrument effecting legal disposition (if person grants land during their lifetime, grant is by way of this formal document)

Question 9

life estate

Answer 9

an estate in land in which the right to possession is based upon a person’s lifetime (frequently made within a family, where the person who possesses the fee simple may wish to pass the property to younger members of the family yet retain the use of the land during his or her lifetime. on death, possession would pass to grantees)

Question 10

remainderman

Answer 10

a person who is entitled to real property subject to a prior interest (eg a life estate) and who acquires the fee when the prior estate terminates

Question 11

leasehold estate

Answer 11

grant of the right to possession of a parcel of land for a period of time in return for the payment of rent to the landowner

Question 12

condominium

Answer 12

a form of ownership of real property, usually including a building, in which certain units are owned in fee simple and the common elements are owned by the various unit owners as tenants-in-common

Question 13

interest of unit owner of condominium

Answer 13

the amount they would receive from the proceeds of a sale should the property be sold on the termination of its use as a condominium

Question 14

in all provinces except nova scotia, who is the general management of the condo in the hands of?

Answer 14

the board of directors or executive of a condominium corporation

Question 15

condo corporation has what specific obligations (apart from general duty to manage and maintain common elements)?

Answer 15

1. protect premises from damage by way of insurance
2. collect common-element expenses from unit owners in accordance w/ percentage liability of each unit
   enforce any rules established for use and enjoyment of common areas, and condo as a whole

Question 16

co-operative housing

Answer 16

means by which a group of persons may acquire an indirect interest in land through a corporation

Question 17

registry system

Answer 17

a provincial government-operated system for the registration of interests in lan

Question 18

land titles system

Answer 18

a provincial government-operated system for the registration of interests in land where the government confirms and warrants the particular interests in land

Question 19

dominant tenement

Answer 19

a parcel of land to which a right-of-way or easement attaches for its better use

Question 20

servient tenement

Answer 20

a parcel of land subject to a right-of-way or easement

Question 21

easement

Answer 21

a right to use the property of another, usually for a particular purpose