Module 3 Lesson 2 Flashcards
Easement
Right enjoyed by one landowner over the land of another
Easements are granted for
a special purpose and occupation of the land, does not grant ownership
Rights of an easement
right to use for a specific prupose
Binds subsequent owners and is not eliminated once property is sold
Easement
Agreements related to easements are usually
Registered against title to both properties effected by the easement
Dominant tenement
Derives benefit from an easement has right of way
Servient tenement
Land exits in favour of the dominant
Two different parties
Easements must have two different owners
Sole benefit
Easements must solely benefit the dominant
Transferable
Easements bind subsequent owners
Express grant
created whenever an owner decides to grant a privilege in favour of another owner
Prescription
No official document for an easement, however owner knows about it
Implication
Easement is created to avoid detrimental effects to the adjoining property owner
Statute (Easement)
Minister may grant easement in or over public lands for any purpose
Statute (Easement) Act
Section 21 of the Public lands act - minister can grant easements
Statute (Easement) do not require
dominant tenement as the property owners
Easements can be terminated in 3 ways:
Merge
Release
Creating of purpose
Merge (Easement)
Ownership of both tenements merge, easement ends
Release (Easement)
Dom releases serv ten by removing the easement from the title
Ceasing of purpose
Easement ends bc the purpose disappears
Right of way easement
Allows a person to travel or pass through another person’s land
Another word for right of way easement that require repairs
statutory easements
Party wall easement
agreement declaring the dividing wall bw dwelling units a party wall. sets out rights, privileges and covenants
Mutual shared driveway
type of easement
Restrictive covenant
Restricts what the owner can do with their property , written into the deed and registered on the title
Restrictive covenants run with the land
a new buyer who purchases the property must honour these restrictions
Encroachment is when a property owner violates
the property rights of their neighbour by building a structure wholly or partially on their property
Adverse possession occurs when
an individual who is not the owner takes possession of the property w/o the consent of the owner
For adverse possession to be effective the claimant’s possession must be
visible, exclusive and continuous for a period without the consent of the owner but with their knowledge
Time requirement for use or occupation giving rise to an adverse possession claim is a minimum of
10 yrs
No title claims by adverse possession can occur under the
land titles act
Profit-a-prendre is an interest in land that gives
a person the right to enter another’s property based on a written agreement and take something from it
Expropriation involves the acquisition
of private property by the government for the public’s best interest
In Expropriation the government exercises
right of eminent domain
fair compensation to the owner
Expropriation
right to regulate is the right of the government to
regulate property for the promotion of public safety, health, morals, etc.
right to regulate is also referred to as
police power
Zoning bylaws, building codes, sanitary regulations are examples of
right to regulate
Land transfer tax is an example of
the government’s right to levy taxes
Escheat is the
reversion of property to the government or an agency in the event that a property owner dies, leaving no will and having no heir
