Chapter 3 - Estates And Interest In Land Flashcards
A BUILDING SCHEME refers to a group of restrictive covenants attaching to two or more lots within a particular development plan, and which usually aims at ensuring that a certain level of uniformity is maintained within the development.
Which of the following is false regarding easements?
1) the land receiving the benefit is the dominant tenement
2) the land granting the benefit is the servient tenement
3) the dominant tenement has full use of the servient tenement’s land
4) the dominant tenement has limited use of the servient tenements land
Answer
3) the dominant tenement has full use of the servient tenement’s land
This statement is false as the dominant tenement has limited use of the servient tenements land.
All other statements are true.
The right to have ones ground supported so that it will not cave in when adjoining owner makes an excavation is know as:
1) support
2) ground rule
3) non-excavation
4) non of the above
Answer
support
A Life Estate is an interest in land to be enjoyed during the persons life, and may be carried on after that persons death.
True or false
False
The life estate may be enjoyed during the holder’s life; however, the life estate ends with that persons death.
A joint tenancy is where two or more people acquire an.Equal undivided interest in a a property. When one person dies, that persons share automatically goes to the surviving joint tenants.
Which of the following is true regarding encumbrances?
1) An encumbrance is a judgment, mortgage or lien or any other claim which is registered against the title to land. CORRECT
2) an encumbrance does not have to be registered against the title to land
3) a lien would not constitute an encumbrance. Even if it is registered against the title to land
4) even if a mortgage is not registered against the title to land, it can still be considered an encumbrance
With respect to real property, a LICENSE is a privilege to enter premises for a certain purpose. The privilege confers upon the licensee a degree of title, interest or estate in such property (e.g. exclusive right to possession of the property).
True or false
False
Does not confer any title, interest, or estate in such property.
For example it can be a monthly rate at a hotel suite maybe available. But innkeeper has right to enter at his pleasure
Define fee simple or Freehold (same thing)
Fee simple is the legal term for the maximum (greatest) interest in land available to a person, or maximum of legal ownership. In many ways, a fee simple is equivalent to absolute ownership
Greatest bundle of rights.
A tenancy in common is where two or more persons acquire INTERESTS in single PROPERTY and each May sell or bequeath their interest. Additionally, in the event of death, their interest becomes part of their ESTATE
Describe airspace, in historical and current context
Historically, one owned the airspace above the parcel of land “to the heavens”. Today, airspace refers to the legal concept that a person who owns land also owns as much of the airspace above land as he can effectively use.
A life estate PUR AUTRE VIE. Type of estate that length of estate is measured against life of another person.
Someone who gives their property to someone as a LIFE ESTATE.
- lasts for the life time of the estate holder
- called a LIFE TENANT / LIFE TENANCY
- Can be sold
Rights/
can use and occupy; receive revenue
Obligations/
Yearly operating expenses
Pay interest in mortgage ( the REMAINDERMAN or REVERSIONER will pay the principal portion of loan.
Waste
The dominant tenement is the land to which the benefit of a right is attached.
True
What is a PROFIT A PRENDRE?
1) a right to take the produce or part of the soil from the lands of another
2) a right of government to take for public use if it results in an overall betterment for society
3) the profit received by a mortgagee after foreclosure
4) the profit received in a taking.
Answer
1) a right to take the produce or part of the soil from the lands of another
Example should be registered at LTO
Hunter, having cattle graze your land, taking fruits from the orchids
What is a restrictive covenant?
A restrictive covenant is a covenant restricting the use of land of the covenantor (the servient tenement) for the benefit of land belonging to the covenantee (the dominant tenement).
An example would be a restriction on the height of a building on one piece of land so that adjacent or adjoining lands are not deprived of a view.
Define servient tenement?
A servient tenement is land bearing the burden of an easement or other right (i.e. restrictive covenant)
Crown Land - land ownership is not absolute
- expropriation- government take back property from you. Will compensate
- Doctrine of Escheat. - a fee simple owner of an estate dies without a will or heirs, the property will revert (escheat) back to the crown.
Leasehold Interest
Crown gives you 99 years lease on crown land
Remainderman is what?
The WILL states who will inherit the estate.
- ideal, positive, clear
Reversioner is what
Negative and not Ideal
If you do not state in the will and cannot locate heirs, the property will “revert” back to the Crown (Escheat)
If heirs can be found then it will take time through Probate to give the property to.
If LIFE ESTATE holder sells their interest:
The person will be buying the interest of the LIFE ESTATE HOLDER and this is called Estate pur Autre Vie (means based on the life of)
If LIFE ESTATE holder dies this sale will cancel and will be given to REMAINDERMAN or REVERSIONER
The extent to ownership of:
Airspace - only to the extent and limited to what you can use
Subsurface - Below 10 feet the government owns rights. No including any minerals like gold or silver or oil.
Water Rights - No
Fixtures what are they?
- Goes with the land. (A TREE IS A FIXTURE)
- will belong to the purchaser
- affixed to enhance the land
Two part test:
1/ Degree of affixation
2/ Purpose of Affixation
When the item is attached or even slightly attached it is presume to be a Fixture, UNLESS, once investigated, the circumstances show that they were intended to be enjoyed or remain as chattels.
A fixture is a chattel attached to real property; it is anything which has become so attached to the land as to form, in law, part of the land.
Chattels. What are they?
Remain the personal property of the vendor. Couches, TV. Mount could be a fixture
Affixed for enjoyment of the item.
Articles of personal property (i.e. car, stereo, TV), as opposed to real property, are known as CHATTELS
Interests In Land - less than Estates
1/ Easement
2/ Restrictive Covenants
3/ Profits a Prendre