Module 9 (5&6) Flashcards
In property law, lawyers are not interested in the actual properties of people, the “things,” what are they actually interested in?
The rights and responsibilities that arise in connection with these things
What is Property Law?
rules that govern the relationships between individuals as it relates to things
Contract law and torts law deal with personal conflicts, what is a fancy latin term to describe this?
“Rights in personam”
Property rights are not personal, but are considered what?
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
What is the Latin term for “rights and things”
Rights in rem
Can Lucy create new rights regarding her bike?
Yes,
eg. she can lend her bike to her brother for the weekend
What is the difference between “Real” property and “Personal” property?
Real property: Land and buildings
Personal Property: Tangible things (like a phone) and Intangible things (like a bank account)
Is your own body and organs considered property?
No
What are the 4 Forms or Regimes of Property?
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
What are the 5 property rights talked about in this video?
RIght to exclude
Right of possession
Right to use and enjoy
Right to transfer
Right to income or revenue
Explain the “liability for seizure”
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
What is a useful metaphor for understanding property law?
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
The “right of way” is when someone alows someone the right of way on their property, what is another word for this
Easement
What are the two categories of property in Canada?
1) Interests passed down from the crown
2) Indigenous/Aboriginal properties
Who remains the true owner of all land while granting any individual the right to “hold the land on the crown”
the crown
What is the word for the “right to hold the land of the crown”
Tenure
What term do we use to describe “how long does the right to hold land last?”
Doctrine of Estates
What is the term for when a person can hold the land potentially ‘forever’
Tenant in fee simple
In todays day, what kind of estate can we own
An estate in fee simple
What happens if the owner of a state passes away and has to heirs in their will?
The estate ends, and the rights in the land are reclaimed by the crown
Which act supported crown grants of land to individual settlers and reserved lands for First Nations, national parks, Hudsons bay company, etc.
Dominion Lands Act of 1872
New grants of land are still authorized under what?
Albertas “Public lands act”
What layed the foundations for Albertas modern land tile system?
The dominion lands act = the township / grid system
What is a township composed of?
6x6 or 36 sections of land each with an area of 1 square mile
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
Riparian Rights
Explain the property boundary between the land and the water (what parts of the lake and land are owned by who)
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
Who owns the airspace over a property?
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
Who owns the minerals below a property?
before, land owners owned it, but after finding out its value, the state owns it unless stated otherwise
