Property, Real Property Flashcards
- Property
- What is property title?
- Rights individual has with property
- relationship between a person and an object and the individuals rights
- Ownership of property
use, sell, tax, fix, store, lend, rent
Personal Property (2)
Choses in action
Choses in possession (Chattels)
Choses in action
right to sue of some sort
Choses in possession (Chattels)
tangible, visible, movable, owner in possession of tangible unless there is agreement
What is affixation and describe the Reynolds V Ashbeon and Sons case ratio with it
Chattel becomes a fixture to property by implication of law, Converted to property when it is attached, even without consent of owner
5 factors to determine a chattle to be a fixture
- Nature of article
- mode of attachment (wire, nail, screw)
- circumstance was attached
- purpose to be served
- position of parties
What is Severance not employee
process to make fixture a chattel again (remove reality property to chattel)
Bailment and examples
one person takes temporary possession of property that is owned by another. Title and possession split. Bailor must deliver property to bailee, chattel or intangible returned at end of bailment
examples, renting, storing, transporting
Bailment to occur, need to be (2)
two examples with car
Directive delivery: deliver a car
Constructive delivery: hand over keys
Consequences of bailment:
who has title
who has possession
who has liability
title of property always stays with bailor,
possession usually with bailee when leased unless agreement
bailee has liability (standard of care)
Sub-bail and does it require permission?
bailee transfers possession to someone else or industry and they need permission
Intellectual Property - Choses in action
Claim one person has against another. Intangible right, right to sue.
IP - Assignment
transfer of choses in action to another
Intellectual property examples (5)
Copyright
patent
trademark
industrial design
Confidential information/trade secret
Why are they called intellectual property and is it different than personal property theft?
Deal with ideas and creative work, if stolen and wrongly misused it still exists as original intent but now value diminished
Intellectual property - Copyrights
- what is it?
- what act was created and length of protection
- What is protected and what is not
- Examples
- who creates it and does it need to be registered
- protect right of creator’s works/ideas
- Copyright Act and 50 years
- protect expression, not idea itself
- literary, music, computer programs, artistic etc
- creation generates/creates it, no need to register
How does copyright work with ownership…what about companies
It is usually attached to original person, with companies it is attached to employer…even in pursuit of job
Copyright infringement and what is rewarded, (2) if won in case
person tries to obtain a benefit by use of sale, reproduction or distribution of the original works
remedies for injuction and damages
Intellectual property - Industrial Design and examples
Similar to copyright but now protect deigned industry products etc coke bottle
Intellectual property - Trademarks
- what is a trademark
- What act protects it, if registered and how many year
- is it renewable?
- Tort of passing off?
- If objection, must provide….
- term, symbol, design or combination that identifies specific business, company, service or product
- Federal Trademark Act and 15 years
- it is renewable
- protects if trademark not registered or renewed
- proof of damages and applicant confusion
Intellectual property - Patent
- what does it protect
- what does it give the inventor right to do?
- what is the act, years, renewable?
- How something qualify for patent?
- what must be provided in application
- protect idea, invention
- sell, produce and profit from invention
- Patent Act, 20 years, non-renewable
- innovation is new, not disclosed in public anywhere in world, unique and distinguishable from other products
- share information and research to construct the invention
Intellectual property - Confidential information/trade secret
- protection from what courts
- What does it protect
- examples
- best way to avoid complications
- Provincial courts
- not property but info that can be used and stolen to benefit from
- recipes, industry secrets, client lists
- Put fiduciary status on others to sue if they break them
Real Property
Land everything permanently attached to it. Minerals below, construction on and airspace above
Real property: Zoning
real property under control of provincial statutes etc regulations, jurisdiction and land use
Real Property and Feudalism
Pre-capitalism, Pyramid scheme and protection. King had all the land and people wanted to protect from viking and saw value in land. King couldn’t manage land by himself so pieced-off land to people who could help defend and battle. Exchange of land for services
Time definition for Estates
maximum time away from the crown in terms of possession and right to transfer property to someone else by convenience of your will or by law
Intestacy
Die without a will so property is transferred by law or what happens with it
Standard of negligence
what a reasonable person would do
Free hold estate: Fee Simple Estate
the estate in land that can represent greatest interest a person can own for land, make changes, and closest to complete ownership in English law
Escheat
Reversion of land to the crown when a person in possession of the fee simple dies without a will or with no heirs
Free hold estate: Life Estate
most extensive in time, freehold estate that may be held by a person other than the owner of the fee simple for a particular time, usually tenant themselves
Why would you use a Life state
Want to use the land but transfer ownership, don’t trust the kids perhaps
Life estate - Reversion
grantor of life estate reserves the balance of fee simple for himself and heirs, reverts to grantor
Life estate - Remainder
land goes to a 3rd party after the life estate is up
2 problems with Life estates: hard to…..
- market
- determine who does maintenance, repairs, land cleaning
Not Free hold estate: Lease Hold Estate
specified for a limited time (agreed upon) and at end of term, land reverts back to original owner
Own Land Concurrently -
1. Tenants in common (Personal Relationship)
2. what if one party wants to transfer 3. What if one partner dies
- special agreement, parties each hold an equal part of the property and split income evenly
- transfers: can do without consent
- dies: goes tot their heir, not other tenant
Own Land Concurrently -
1. Joint Tenancy (Commercial Relationship) is right of
2. what if one partner dies
- Right of survivorship
2.ownership transfers to other co-tenants and not according to bloodline or will
Probate
1. when does this occur
2. what is the process
- when tenancy not joined
- carry out the will and fees based on percentage of property value
Severance
1. what is this for?
End joint tenancy relationship and become tenants in common
Condominium Act
granting of fee simple estate in individual units of a multiple unit building (high rises, apartments, duplex). Residential and commercial building
Condos
- law definition
- what is the Unit title
- multiple individual unit owners who have individual fee simple titles.
- unit title covers the unit and % of the common elements owned by condominium corporation
Condo: what does the fee simple title include?
ownership of drywall and inwards and a percentage of the property outside the unit etc sidewalks, driveway, pools, hallways
How does condominium corporation maintain common elements and what is a Condo Reserve Fund?
Charges a condominium fee (rent) and reserve fund is for damages and capital replacement
Easement
right enjoyed by one land owner over the land of another purpose, not ownership or usage
Easement is enforced by contract, how do you obtain this, what is required? What happens when it is established?
Dominant tenement (piece of land that benefits from easement) and a servant tenement (land subject to easement), once established it binds subsequent owners and runs with property
- Easements and Right of Way
- Rights and obligations:
- able to cross over someone’s land
- Passerby cannot stay on part of the land, build, obstruct or leave something behind, no one can interfere with the path
Prescriptive Easement and duration in MB
land owner requires easement but without grant or contract. Individual had habitually exercised right over the land for long time and it could have been granted easement. MB is 20 years
Statutory Easement
hydro/phone lines have these kinds of easements to grant construction
Restrictive Covenant
1. which courts
2. what is it
3. how is it enforced
- equity courts
- preventing certain use of land etc building restrictions or property regulations
- enforced with injunction
- Mineral Rights in MB
- What was put in place in 1890 for property’s
- What is exception for property’s pre 1890
- Any deposits of minerals or oil underneath surface, province is owner of it
- exploration lease or mining lease from province
- rights of minerals and oils stay with property
Registry System (1700)
each transfer of land was recorded in public registry, purchaser can search (examine titles) of multiple particular parcels of the land
Registry System - interest is registered vs unregistered
protected by statute, if unregistered the crown like own it (not common today)
MB Land Title System
1. other name
2. What is it ?
3. How is it different than registry
- Torren System
- Each new transaction with land is submitted for registration and document is carefully examined before approval.
- Rather than looking at individual titles, it is real time grouped recorded data of ownership up-to-date
