property law Flashcards
Real vs Personal Property
real - land and anything attached to land
personal - anything other than land (tangible and intangible)
fee simple right
real property - ownership and owner has the right to use it and possess it and what they want with it
who owns minerals, oils, gas
provincial and federal governments
licenses are granted to extract items
five types of property boundaries
- boundaries defined by survey
- lateral support
- riparian rights
- air rights
- airspace rights
restrictive covenant
a promise in a legal agreement that prevents one party to the contract from taking specific action.
conditions imposed on a property to benefit the neighbouring property
- refrain from doing something or using the property in a certain wat that is restricted by the contract
two types of restrictive covenants
negative -refrain from doing something
positive - allowed to do something
profit a prendre
license and easement that runs with the land and allows harvesting trees or gravel
chattel
tangible personal property
owner can lease, sell, rent etc.. (car)
five types of intellectual property
- copy right
- patent
- trademark
- industrial design
- integrated circuits