Real Property Flashcards
What is a life estate?
pur sa vie?
pur autre vie?
A title to land that is limited by the duration of a lifetime
pur sa vie - the life of the owner
pur autre view - the life of someone else
Can a life estate be inherited?
Yes, if land is given to A for B’s life and A dies first - A’s title to the land can be passed on in a will for the remainder of B’s life
in a life estate pur autre vie, does the person whose life is being used as a measuring stick hold any interest in the land?
Nope
What is a fee simple estate?
basically absolute ownership - the largest bundle of rights to the land with few limitations
a freeholder is the owner of what kind of estate?
fee simple
What is the current default type of estate that is passed on?
Default to fee simple - unless there are explicit words to denote a life estate
Conveyancing and Law of Property Act makes fee simple the default for conveyances
Succession Law Reform Act makes fee simple the default estate for wills
what is a future interest in land?
this is an interest in land held by people other than the possessor?
1) reversion
2) remainder
What is a reversion interest?
This is any interest retained by the grantor
What is a remainder interest?
An interest created when a time-limited estate is granted to multiple parties in succession
Land conveyed to A for life and then to B. B has a remainder interest until A dies
What is an interest in trust?
One person is given the common law/managerial title to the property and another person is given the right to benefit from that property (equitable/beneficial title)
What is a conditional estate?
An interest in land which doesn’t arise until something else happens OR which may be terminated by something else happening
any kind of estate can be made subject to conditions
What are conditions precedent?
conditions that must be satisfied before the grantee has any right of enjoyment
In the example: to A for life, then to B for life if she reaches 21
1) what kind of interest does B have before A dies?
2) what kind of interest does B have if A dies BEFORE she is 21?
1) contingent interests - the interest someone has before the condition precedent is fulfilled
2) vested interest - the interest someone has after the condition is fulfilled by they still do not have possession
When there is doubt about whether a grantor wanted to create a vested or contingent interest, what does the common law generally favour?
vested interest is presumed
e.g., will says “property to wife for life and then to 4 children equally. One child dies before the wife .
was the child’s share contingent on the wife dying? or was it vested from the will (meaning the interest passed on)?
concluded - vested
What effect does a condition subsequent have on an estate already granted?
If the condition subsequent is breached it ends the granting of an estate:
e.g., to A in fee simple, unless they do this thing, then to B
True or False, conditions subsequent can only be related to the actions of an individual?
False
Conditions subsequent can be personal or attached to the land
Under what conditions can a condition be voided?
from Canada Trust Co
1) the condition is uncertain
will not be found uncertain if it is possible to say with certainty that any proposed beneficiary is/is not a member of the class
2) the condition is contrary to public policy (either contrary to law or otherwise threatens fundamental values)
True or False: if part of a condition is uncertain then the whole condition can be made void?
True
What conditions must be met for a trust to be charitable?
from Canada Trust Co
1. purpose must be relief of poverty, advancement of education, advancement of religion, or other purposes beneficial to the community
2. must be wholly and exclusively charitable
3. must promote a public benefit
How does discrimination affect trusts?
Charitable trusts that discriminate on grounds of race, religion, and sex are void
this restriction does NOT apply to private family trusts
Under what circumstances can you interfere with a testator’s freedom to distribute property?
private individuals are free to distribute property in a discriminatory way (Spence), but the will can be struck down if the beneficiary is an unworthy heir (killed their testator, terrorist group member, or someone who is involved in activities contrary to Canadian criminal law or public policy)
Importance of Sifton?
(daughter staying in Canada)
Conditions subsequent can be voided for uncertainty if the event that will defeat the estate is unclear to the parties
Sifton left property to his daughter with the condition that she “shall continue to reside in Canada”
Importance of Clayton?
(interest ceases if daughter marries a Jew)
If part of a condition is uncertain, the whole condition is void
condition about ‘jewish parentage’ was too unclear
Importance of Noble v Wolf?
(racist provisions for selling the property)
idea that restrictive covenants (or conditions subsequent) can be struck down if they are contrary to public policy
Eventually, SCC struck such covenants down saying that they should be limited to restrictions on the use of property, not the people who occupy it
restriction about selling land to a Jewish person
Importance of Canada Trust Co?
1) Lays down the rules for what constitutes a charitable trust
1) purpose must be relief of poverty, advancement of education, advancement of religion, or other purposes beneficial to the community
2) must be wholly and exclusively charitable
3) must promote a public benefit
2) Lays down the rules for when conditions can be made void
1) the condition is uncertain
will not be found uncertain if it is possible to say with certainty that any proposed beneficiary is/is not a member of the class
2) the condition is contrary to public policy (either contrary to law or otherwise threatens fundamental values)
- in this case the trust was made with conditions that scholarships should only go to christian, white males*
Importance of Spence
Court holds that you cannot insert public policy reasons into a private will
People can be discriminatory if they want to be in their private wills
