Module 9 (5&6)

Question 1

In property law, lawyers are not interested in the actual properties of people, the “things,” what are they actually interested in?

Answer 1

The rights and responsibilities that arise in connection with these things

Question 2

What is Property Law?

Answer 2

rules that govern the relationships between individuals as it relates to things

Question 3

Contract law and torts law deal with personal conflicts, what is a fancy latin term to describe this?

Answer 3

“Rights in personam”

Question 4

Property rights are not personal, but are considered what?

Answer 4

Good against the world
eg. if lucy buys a bike (her property), no one else is allowed to use that bike without her permission, the world must respect her property

Question 5

What is the Latin term for “rights and things”

Answer 5

Rights in rem

Question 6

Can Lucy create new rights regarding her bike?

Answer 6

Yes,
eg. she can lend her bike to her brother for the weekend

Question 7

What is the difference between “Real” property and “Personal” property?

Answer 7

Real property: Land and buildings

Personal Property: Tangible things (like a phone) and Intangible things (like a bank account)

Question 8

Is your own body and organs considered property?

Answer 8

No

Question 9

What are the 4 Forms or Regimes of Property?

Answer 9

Open access = no one is excluded, eg. the air we breathe, or concepts and ideas

Private Property = everyone but the owner is excluded ex. lucys bycicle

Public Property = the state owns the resource and regulates access to it eg. government buildings

Shared property = owned more by one and the owners regulate access to the resource, eg. a shared boat by friends, businesses owned by several partners

Question 10

What are the 5 property rights talked about in this video?

Answer 10

RIght to exclude
Right of possession
Right to use and enjoy
Right to transfer
Right to income or revenue

Question 11

Explain the “liability for seizure”

Answer 11

For xample, if lucy has certain debts that she cannot pay, the law might allow her bike to be seized and sold to satisfy debts

Question 12

What is a useful metaphor for understanding property law?

Answer 12

Property as a “Bundle of rights”
All the rights are sticks in a bundle, and the owner of the property can unbundle any stick in the bundle and transfer it to someone else

Question 13

The “right of way” is when someone alows someone the right of way on their property, what is another word for this

Answer 13

Easement

Question 14

What are the two categories of property in Canada?

Answer 14

1) Interests passed down from the crown
2) Indigenous/Aboriginal properties

Question 15

Who remains the true owner of all land while granting any individual the right to “hold the land on the crown”

Answer 15

the crown

Question 16

What is the word for the “right to hold the land of the crown”

Answer 16

Tenure

Question 17

What term do we use to describe “how long does the right to hold land last?”

Answer 17

Doctrine of Estates

Question 18

What is the term for when a person can hold the land potentially ‘forever’

Answer 18

Tenant in fee simple

Question 19

In todays day, what kind of estate can we own

Answer 19

An estate in fee simple

Question 20

What happens if the owner of a state passes away and has to heirs in their will?

Answer 20

The estate ends, and the rights in the land are reclaimed by the crown

Question 21

Which act supported crown grants of land to individual settlers and reserved lands for First Nations, national parks, Hudsons bay company, etc.

Answer 21

Dominion Lands Act of 1872

Question 22

New grants of land are still authorized under what?

Answer 22

Albertas “Public lands act”

Question 23

What layed the foundations for Albertas modern land tile system?

Answer 23

The dominion lands act = the township / grid system

Question 24

What is a township composed of?

Answer 24

6x6 or 36 sections of land each with an area of 1 square mile

Question 25

What is the term (right) to describe that if a peson owns land that has a body of water has access to the water and the right to draw water

Answer 25

Riparian Rights

Question 26

Explain the property boundary between the land and the water (what parts of the lake and land are owned by who)

Answer 26

If land is partially covered by a lake, the bottom of the lake (the bed) and the shore up to the high water mark, are property of the crown

Question 27

Who owns the airspace over a property?

Answer 27

The owners can use and occupy the airspace, but cant control it, eg. if an airplane flys over
But a hot air balloon would be trespass if it flew too close to your roof

Question 28

Who owns the minerals below a property?

Answer 28

before, land owners owned it, but after finding out its value, the state owns it unless stated otherwise