Chapter 3 random Flashcards
A life tenancy has been granted to Avon “without liability for waste”. For which of the following actions would Avon incur liability to the remainderman?
(1) failure to repair or maintain buildings and improvements on the land
(2) erecting a chain link fence across the centre of the property
(3) destruction and removal of all the buildings from the land out of spite to the remainderman
(4) Avon would not be liable in any of the above situations
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Ownership of land in British Columbia includes not only the 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 enhancements to the land whether contractually stated or not.
(4) petroleum down to the centre of the earth.
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Akiko Yamada vacated the property she had just sold taking all her household furniture including the following items:
A. a small Persian carpet from the front hall which had been chosen especially to complement the colours in the marble on the floor
B. an antique, stained glass window which was hung on two large hooks in front of the living room window
C. wall-to-wall carpeting from the den which had been attached to a tack strip which, in turn, was attached to the hardwood floor
D. a porch swing which was bolted to the ceiling and floor, but which was specifically excluded from the purchase price in the contract of purchase and sale
What are the consequences of Akiko’s actions?
(1) She must replace all of the above four items.
(2) She must replace items B and C because they were attached to the house.
(3) She is only required to replace item C.
(4) She must replace items A and C because they both had to do with floor coverings.
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