Module 3 Lesson 2

Question 1

Easement

Answer 1

Right enjoyed by one landowner over the land of another

Question 2

Easements are granted for

Answer 2

a special purpose and occupation of the land, does not grant ownership

Question 3

Rights of an easement

Answer 3

right to use for a specific prupose

Question 4

Binds subsequent owners and is not eliminated once property is sold

Answer 4

Easement

Question 5

Agreements related to easements are usually

Answer 5

Registered against title to both properties effected by the easement

Question 6

Dominant tenement

Answer 6

Derives benefit from an easement has right of way

Question 7

Servient tenement

Answer 7

Land exits in favour of the dominant

Question 8

Two different parties

Answer 8

Easements must have two different owners

Question 9

Sole benefit

Answer 9

Easements must solely benefit the dominant

Question 10

Transferable

Answer 10

Easements bind subsequent owners

Question 11

Express grant

Answer 11

created whenever an owner decides to grant a privilege in favour of another owner

Question 12

Prescription

Answer 12

No official document for an easement, however owner knows about it

Question 13

Implication

Answer 13

Easement is created to avoid detrimental effects to the adjoining property owner

Question 14

Statute (Easement)

Answer 14

Minister may grant easement in or over public lands for any purpose

Question 15

Statute (Easement) Act

Answer 15

Section 21 of the Public lands act - minister can grant easements

Question 16

Statute (Easement) do not require

Answer 16

dominant tenement as the property owners

Question 17

Easements can be terminated in 3 ways:

Answer 17

Merge
Release
Creating of purpose

Question 18

Merge (Easement)

Answer 18

Ownership of both tenements merge, easement ends

Question 19

Release (Easement)

Answer 19

Dom releases serv ten by removing the easement from the title

Question 20

Ceasing of purpose

Answer 20

Easement ends bc the purpose disappears

Question 21

Right of way easement

Answer 21

Allows a person to travel or pass through another person’s land

Question 22

Another word for right of way easement that require repairs

Answer 22

statutory easements

Question 23

Party wall easement

Answer 23

agreement declaring the dividing wall bw dwelling units a party wall. sets out rights, privileges and covenants

Question 24

Mutual shared driveway

Answer 24

type of easement

Question 25

Restrictive covenant

Answer 25

Restricts what the owner can do with their property , written into the deed and registered on the title

Question 26

Restrictive covenants run with the land

Answer 26

a new buyer who purchases the property must honour these restrictions

Question 27

Encroachment is when a property owner violates

Answer 27

the property rights of their neighbour by building a structure wholly or partially on their property

Question 28

Adverse possession occurs when

Answer 28

an individual who is not the owner takes possession of the property w/o the consent of the owner

Question 29

For adverse possession to be effective the claimant’s possession must be

Answer 29

visible, exclusive and continuous for a period without the consent of the owner but with their knowledge

Question 30

Time requirement for use or occupation giving rise to an adverse possession claim is a minimum of

Answer 30

10 yrs

Question 31

No title claims by adverse possession can occur under the

Answer 31

land titles act

Question 32

Profit-a-prendre is an interest in land that gives

Answer 32

a person the right to enter another’s property based on a written agreement and take something from it

Question 33

Expropriation involves the acquisition

Answer 33

of private property by the government for the public’s best interest

Question 34

In Expropriation the government exercises

Answer 34

right of eminent domain

Question 35

fair compensation to the owner

Answer 35

Expropriation

Question 36

right to regulate is the right of the government to

Answer 36

regulate property for the promotion of public safety, health, morals, etc.

Question 37

right to regulate is also referred to as

Answer 37

police power

Question 38

Zoning bylaws, building codes, sanitary regulations are examples of

Answer 38

right to regulate

Question 39

Land transfer tax is an example of

Answer 39

the government’s right to levy taxes

Question 40

Escheat is the

Answer 40

reversion of property to the government or an agency in the event that a property owner dies, leaving no will and having no heir