Chapter 3

Question 1

Real Property

Answer 1

Land and whatever is erected, growing upon, or affixed to the land, including the rights related to or derived from the land.

Question 2

Personal Property

Answer 2

Everything other than real property, generally including movable objects.

Question 3

Estate

Answer 3

A right to possess and use land for a period of time, either indefinitely (e.g., fee simple) or predetermined (e.g., life estate, leasehold estate).

Question 4

Fee Simple Estate

Answer 4

The greatest estate in land known to Canadian law, held from the Crown, with extensive rights including use, enjoyment, sale, lease, mortgage, and disposal by will.

Question 5

Life Estate

Answer 5

An estate in land that lasts for the lifetime of the holder (life tenant), who has all rights of use and possession, and receives any revenues from the land.

Question 6

Estate Pur Autre Vie

Answer 6

An estate based on the life of another person, created when a life estate holder disposes of their interest to someone else.

Question 7

Reversioner

Answer 7

The fee simple holder who creates a life estate and is entitled to the property upon the death of the life tenant.

Question 8

Remainderman

Answer 8

A person entitled to the fee simple estate after the life estate ends, who appears on the certificate of title as the fee simple owner.

Question 9

Waste

Answer 9

The doctrine limiting a life tenant’s ability to change or damage a property, categorized into voluntary, permissive, ameliorating, and equitable waste.

Question 10

Voluntary Waste

Answer 10

Direct, positive acts that result in damage to property beyond the use to which a life tenant is entitled (e.g., demolishing a garage).

Question 11

Permissive Waste

Answer 11

Allowing a property to deteriorate without any positive acts of the life tenant (e.g., failing to maintain the roof).

Question 12

Ameliorating Waste

Answer 12

Positive acts that improve rather than destroy the property (e.g., constructing a deck).

Question 13

Equitable Waste

Answer 13

Flagrant or malicious damage by a life tenant (e.g., burning down the house).

Question 14

Leasehold Estate

Answer 14

An estate where a person has the right to use and occupy land for a fixed period, usually inferior to freehold estates.

Question 15

Expropriation

Answer 15

The act of taking away a private owner’s interest in land without consent, typically carried out by the government, often with an obligation to compensate.

Question 16

Escheat

Answer 16

The reversion of property to the Crown when the owner dies without heirs or a will.

Question 17

Easement

Answer 17

A right to use a neighbouring property in a specific way (without possessing it) for the benefit of the holder’s land (dominant tenement) over another’s land (servient tenement).

Question 18

Dominant Tenement

Answer 18

The land that benefits from an easement.

Question 19

Servient Tenement

Answer 19

The land over which an easement is exercised.

Question 20

Restrictive Covenant

Answer 20

A restriction on the use of one person’s land for the benefit of another’s, negative in nature (requiring something not to be done), and runs with the land if valid.

Question 21

Covenantor

Answer 21

The person who agrees to be bound by the restriction in a restrictive covenant.

Question 22

Covenantee

Answer 22

The person who imposes the restriction in a restrictive covenant.

Question 23

Building Scheme

Answer 23

A set of restrictive covenants imposed on lots within a subdivision, intended to maintain uniformity and protect the value of the lots.

Question 24

Profit à Prendre

Answer 24

A right to enter another’s land to take some profit (e.g., minerals, oil, trees, fish) from it for use by the right holder, which can exist without a dominant tenement.

Question 25

Airspace

Answer 25

The legal concept that a landowner owns as much of the airspace above the land as they can effectively use, subject to limitations by statutes.

Question 26

Subsurface Rights

Answer 26

Limited rights to the subsurface of land, often reserved by the Crown for minerals, coal, gas, fossils, and petroleum products.

Question 27

Water Rights

Answer 27

Rights to the use and flow of all water (surface or ground) vested in the provincial government, requiring a licence for use, except for domestic purposes.

Question 28

Fixture

Answer 28

An item affixed to land considered part of the real property, distinguished from chattels by the degree and object of affixation.

Question 29

Chattel

Answer 29

An item not affixed to land and considered personal property, removable without damaging the real property.

Question 30

Better Use Test

Answer 30

A test to determine if an item was affixed to improve the property or for the better use of the item itself, affecting its classification as a fixture or chattel.

Question 31

Joint Tenancy

Answer 31

A form of co-ownership where each co-owner owns an undivided interest in the whole estate, with the right of survivorship.

Question 32

Unity of Time

Answer 32

In joint tenancy, all joint tenants must receive their interests at the same time.

Question 33

Unity of Title

Answer 33

In joint tenancy, all joint tenants must receive their interest from the same document.

Question 34

Unity of Interest

Answer 34

In joint tenancy, all joint tenants must have the same estate or interest in land, with identical extent, nature, and duration.

Question 35

Unity of Possession

Answer 35

In joint tenancy, each co-owner is entitled to possession of the whole estate, without exclusive possession of any part.

Question 36

Tenancy in Common

Answer 36

A form of co-ownership where each co-owner holds a separate ownership share, without the right of survivorship, allowing for distinct shares and bequeathing interests.

Question 37

Severance

Answer 37

The termination of a joint tenancy by operation of law, mutual agreement, or court order, creating a tenancy in common.

Question 38

Partition

Answer 38

The division of co-owned property into separate portions, terminating co-ownership, either by mutual agreement or court order.

Question 39

Tort

Answer 39

A civil wrong for which the courts will grant a legal remedy, other than a breach of contract.

Question 40

Trespass

Answer 40

Wrongfully entering, remaining on, or placing something on another’s land, with remedies including damages, injunction, and self-help.

Question 41

Private Nuisance

Answer 41

Substantial and unreasonable interference with the reasonable use and enjoyment of neighbouring property, with remedies including damages, injunction, and abatement.

Question 42

Occupier

Answer 42

A person in physical possession of premises or responsible for and controlling the condition, activities, and persons on the premises.

Question 43

Duty of Care

Answer 43

The obligation to take reasonable care to avoid causing harm to others, as imposed by the Occupiers Liability Act on occupiers.

Question 44

Abatement

Answer 44

The peaceable prevention of a nuisance without recourse to the courts, subject to restrictions such as reasonableness and notice.

Question 45

Self-Help

Answer 45

The right to forcibly remove a trespasser using no more force than necessary, after asking the trespasser to leave.

Question 46

Crown Title

Answer 46

The concept that the Crown is the ultimate owner of all land, with private ownership being an estate granted by the Crown.

Question 47

Torrens System

Answer 47

A system of land registration in British Columbia that provides for the registration of interests in land, ensuring clear title.

Question 48

License

Answer 48

A contractual right to enter and use land for a specific purpose, which does not create an interest in land and does not bind subsequent owners.