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Question 1

What is a landlord’s liability for criminal acts?

Answer 1

• if they were foreseeable
• and the landlord had control over the part of the premises or the person
• and the landlord’s failure facilitated commission of the crime that injured the tenant or others on the property
• then the landlord is liable

Question 2

What is the duty of a landlord in relation to providing security to prevent crime?

Answer 2

The landlord must use reasonable care to provide and maintain security devices to prevent crime.

There is no general duty to provide security in common areas, but there is a duty to carry out security programs that a Landlord voluntarily undertakes

Question 3

What is the landlord’s liability for having employees that commit criminal acts or that fail to prevent criminal acts?

Answer 3

The landlord is liable for negligent hiring, supervision, or retention of untrustworthy employees that commit criminal acts, or guards that fail to prevent them

Question 4

When does negligence apply to a landlord in relation to harm or danger to people on the landlord’s property?

Answer 4

If a reasonably prudent person at the time and place would have recognized or foreseen an unreasonable risk or likelihood of harm or danger to others. If such a person would have foreseen danger from another’s voluntary or criminal act, there is liability

Question 5

What are the foreseeability factors that come into play when deciding if the landlord was negligent for not taking steps to secure the property from danger or criminals?

Answer 5

The history of crime in the area, if the tenant complained of criminal acts or fear for his safety, etc.

Question 6

Does it subject a landlord to liability if he foresaw crimes in the neighbourhood and did nothing about it?

Answer 6

No, he would have to have foreseen crimes on his property.

Question 7

If a landlord fails to provide locks that are required by statute, what is that a breach of?

Answer 7

The implied warranty of habitability

Question 8

When there’s a condo involved and someone gets hurt because of negligence, who is responsible?

Answer 8

The condo association

Question 9

What are fixtures?

Answer 9

Chattels that are on or affixed to the land, or structures that the landowner added to improve the land. These are considered to be real property.

Question 10

Is it possible for a life tenant or a lessee to remove fixtures that they installed on the land?

Answer 10

Yes

Question 11

If during a leasehold a tenant erects a new building or a permanent improvement on the land, what happens to it?

Answer 11

The chattel is annexed to the landlord and cannot be removed because ownership has passed to him

Question 12

What are the factors to consider when deciding if a building or permanent improvement that a tenant made on land can be removed?

Answer 12

If the chattels are firmly embedded/connected with the soil/a pre-existing fixture, if they are peculiarly adapted or fitted to the particular premises, if removal would largely destroy the chattels or damage the premises, if the annexor had a substantial and permanent interest in the land

Question 13

What is a trade fixture?

Answer 13

Something used by the tenant in his trade or business on the property that can be removed unless serious damage would be done by its removal

Question 14

How does the length of the leasehold relate to the tenant’s ability to remove chattels?

Answer 14

The shorter the time of the leasehold, the more likely he should be allowed to remove chattels but he annexed

Question 15

If a tenant installs equipment and fixtures without any obligation or intention to benefit the landlord, can he remove them when the lease ends?

Answer 15

Yes, so long as he repairs any damage from their removal

Question 16

If there is an expressed agreement regarding building or improvements made during the course of a leasehold, what happens?

Answer 16

It is followed

Question 17

When deciding whether a tenant is allowed to remove buildings or permanent improvements that he made to the land at the end of the leasehold, what are the four factors that should be considered?

Answer 17

– The degree of attachment
– the general custom regarding the item
– the degree of harm caused by removal (if it can be done without damage, it’s likely allowed)
– the timing of the removal (before sale or before lease end)

Question 18

When must a tenant remove fixtures from the land by?

Answer 18

Before the end of the lease, unless there are extenuating circumstances

Question 19

When must an owner remove fixtures from the land by?

Answer 19

Before the closing of the sale

Question 20

What is a servitude?

Answer 20

Rights of use/non-possessory interest in real property that are possessed by another. These are not rights of possession, they are just rights of use

Question 21

Does a servitude’s obligation run with the land?

Answer 21

Usually. This means that later owners must comply with it even if they didn’t expressly agree to it.

Question 22

Is the right to be free from nuisance considered to be a servitude?

Answer 22

No, it is a right that is normally implied from ownership of land

Question 23

Is a right of way across a neighbour’s land considered to be a servitude?

Answer 23

Yes, because it is on land that is possessed by another

Question 24

What is a restrictive covenant?

Answer 24

Ie: each owner has the right to prevent neighbours from using their own property for anything besides residential purposes

Question 25

Easements and profits must comply with what?

Answer 25

The statute of frauds because they are interests in land

Question 26

What is an easement?

Answer 26

A non-possessory interest in another’s land giving right to enter and make affirmative use of the land. This is the right to use and traverse the land without possessing it. These usually run with the land.

Question 27

What are some examples of easements?

Answer 27

Driveways, roads, rail lines, walkways, utility lines

Question 28

How long do easements usually last?

Answer 28

They can be created to last indefinitely, for life, or for a certain time.

Question 29

What is an exclusive easement?

Answer 29

When the dominant tenant has the right to prevent the servient tenant from permitting others to use it

Question 30

Can an easement holder stop others from using it?

Answer 30

Not unless the use interferes with the easement holder’s use

Question 31

A possessor of land with an easement can exclude who?

Answer 31

Everyone except the easement holder, and can use it himself if it doesn’t interfere with the holder’s use

Question 32

Is an easement unilaterally revocable by one party?

Answer 32

No

Question 33

What is essential about an easement for it to be effective?

Answer 33

It must be in writing with the purpose stated because it is an interest in land, and is thus subject to the SOF

Question 34

What is the dominant tenement or estate?

Answer 34

The land benefits from the easement

Question 35

What is the servient tenement?

Answer 35

The land that is burdened by the easement

Question 36

On an essay it is smart to mention what types of easements both so that you get extra credit?

Answer 36

Both the dominant tenement and the servient tenement

Question 37

How do you approach an essay on servitudes?

Answer 37

1. Creation and validity of restrictions: see if an easement was created and how
2. What is the scope and has it been exceeded?
3. Does it still exist, or has it been terminated?
4. Does the complaining party have the right to enforce the restriction, or is he obligated to abide by it?
5. Does the person the complaint is made against have a valid defense?

Always identify the dominant and servient estates, and say whether it is a pertinent or in gross