Chapters 4, 6 & 7 Flashcards
Subdivision of Land & Title Registration in BC, Commercial & Residential Tenancies, Strata Properties & Co-ops in BC
What percentage of land in BC is governed by the government?
94% of land in BC is governed by the government
- Above & below water
This includes both provincial and federal land.
What do the First Nations have the right to do?
First Nations have the collective right to benefit from the land allocated to them and are not subject to land titles
Governed by the Indian Act.
What does Aboriginal Title refer to?
Claims by Aboriginal groups to land they occupied before European settlement, which remain unless modified by Treaty.
Define ‘Deed’ in the context of land ownership.
ANY document under seal.
What is a void deed?
A deed that has no legal effect, including:
* Forged deed
* Deed given in exchange for illegal activity
* Non est Factum (not my deed, I didn’t know what I signed)
What is the Indefeasibility Principle in the Torrens System?
The person on the certificate of title as owner is conclusive evidence and cannot be defeated or void.
What must one do to acquire land under the Torrens System?
Must acquire in good faith and for a reasonable price (fair market value).
What is the effect of registration in land title?
Interest or estate in land is not transferred until REGISTERED.
What does the Abolition of Doctrine of Notice entail?
All valuable information is now on TITLE.
What is the Assurance Fund?
Compensation to people who suffered loss/damages caused by omission or mistake
What is a duplicate certificate in land title?
If issued and removed from the LTO, transfer will not be registered until the duplicate is returned.
What is a caveat in the context of land title?
A note placed on title that temporarily freezes a property for 2 months.
What is a Certificate of Pending Litigation (CPL)?
A notice of pending court action registered against a title.
What must be done when filing a Builders Lien?
Must be placed within 45 days of project completion.
Manufactured Home Act
- Residential accomodation can be moved from one place to another
- 2 decals required to be affixed to the home
- Transfer is not effective UNLESS both the home AND the transfer is registered
What is a bare land strata development?
Stratification of LAND rather than the BUILDING for recreational, commercial & industrial developments.
What is the difference between a lease and a license?
Lease creates interest in land and runs with land; license is a contractual privilege to enter premises for a certain purpose.
Tenancy at Will & Tenancy at Sufferance
Tenancy at Will: Agreement where either party can cancel
Tenancy at Sufferance: Occurs when there is no tenancy because no lease exist. eg: tenant does not move out upon expiration date
What is a ‘Fixed Tenancy’?
Automatically ends as stated in the agreement without notice.
What is the obligation for rent increase in commercial tenancies?
Can increase once a year
- Regulated by the CPI at the time. they may apply a cap on the increase
What is a ‘Quiet Enjoyment’ in tenancy?
Protection of defective title or claim of interest in property; tenant has the right to be free of claims against title.
What is ‘Interesse Termini’?
Tenant can sue for damages but NOT specific performance if refused possession at the start of lease.
What is the formula for unit entitlement in strata properties?
Unit entitlement of the strata lot / Total unit entitlement of all strata lots X Total contribution.
What is common property in strata properties?
Any part on the plan that is not part of the strata lots, such as parking lots and hallways.
What is the required percentage of votes for strata corporation decisions?
¾ votes (majority votes).
- 1 vote per strata lot
What must strata corporations of 5 units or more obtain regarding EV chargers?
An electrical planning report.
Operating expenses for strata
- Common expenses
- Must have 25% of the operating costs in the bank at all times
Contingency reserve fund*
- Maintained by strata corp
