chapter 3 leasehold and freehold

Question 1

what is freehold (fee simple)

Answer 1

do as you wish, lifetime ownership can be inerited

Question 2

what is leasehold

Answer 2

first nations land
city-owned and federal land

after it expires (ie 99 years) you either renegotiate the land, or give it back to the owner

Question 3

what does crown land mean

Answer 3

it means ultimately the government owns the land (free hold)

Question 4

expropriation

Answer 4

govt can take back property if they need it for something, like build skytrain. they dont need your permision. government ussually compensate you for your property

Question 5

doctrine of escheat?

Answer 5

fee simple owner dies and there is nobody to inherit the property

Question 6

which of the following is a characteristic of a fee simple estate?

1. it is held subject to the crowns land use regulations
2. it may not be expropriated by the crown
3. it is a leasehold
4. the common law interest of other individuals cannon exist in conjuction with a fee simple

Answer 6

1. it is held subject to the crowns land-use regulations

Question 7

which of the following statements is FALSE with respect to fee simple estates?

1. a fee simple owner has more rights over his or her land than an owner of any other kind of state in land
2. the land act allows the government to make further reservations for its benefits over fee simple estates
3. if a fee simple owner dies with no will and no heirs, the property escheats back to the previous owner of the land or his heirs
4. the crown is absolute owner of any fee simple estate

Answer 7

3. if a fee simple owner dies with no will and no heirs, the property escheats back to the previous owner of the land or his heirs

it would escheat back to the crown!

Question 8

the extent of “ownership” in land, what else has value and do you own/have rights to?

Answer 8

1. air space - yes but limited to what you can use
2. subsurface -no
3. water rights- no

Question 9

ownershop of land in british columbia includes not only surface of the land, but also

1. the column of airspace above it insofar as the owner can see
2. the gold and silver below the land to a depth of ten feet
3. any enhancement to the land whether contractually stated or not
4. petroleum down to the center of the earth

Answer 9

3. any enhancement to the land whether contractually stated or not

tricky!

for 1, notice it says so far as the owner can see, which is incorrect

Question 10

profits of prendre?

Answer 10

enter land of another person to take some profit (ie fishing or hunting)

Question 11

easement must be?

Answer 11

land/lot/tenement/parcel/property

think about- a lot needs to use a road from the neighbor lot, to get to it, so it would request easement- access through the “property”

can not be…
tenant/person/owner

Question 12

in bc, there are three basic requirements for common law easement. which of the following is NOT a requirement

1. the easement must be capable of forming the subject matter of a grant
2. the easement must be filed in the land title office to be valid
3. the easement must accommodate the dominant tenement
4. there must be both dominant and servient tenements

Answer 12

2. the easement must be filed in the land title office to be valid

it can be an agreement between 2 parties without going through the land title office

tricky-for answer 1 which is true-
the subject matter of a grant means-there must be boundaries

guy with ferari cant drive behind the neibors property for few weeks while weather is bad, and then return to the pathway that was part of the agreement, has to stay on that pathway always

Question 13

which of the following is NOT one of the requirements of a building scheme?

1. the initial purchasers much receive their title from the same vendor, although the initial purchasers may the sell to others without affecting the building scheme
2. the building scheme must be approved by each of the initial purchasers and then enfornced against the titles of each of the lots
3. the vendors must have intended that the benefit of the restrictions should bind each individual lot
4. the vendor must have laid out and sold the property subject to restrictions which apply equally to all the individual lots and which are consistent with some general scheme of development

Answer 13

2. the building shceme must be approvided by each of the initial purchasers and then enfornced against the titles of each of the lots

Question 14

what is the difference between leasehold and freehold?

Answer 14

leasehold is for native indians and the goverment

freehold is for an individual to have lifetime ownership of a piece of land