Statues

Question 1

[Real Property Act s. 87] & [Wills Act s. 26]:

Answer 1

says that any form of words indicating a fee simple will do & the donor will be deemed to have given a fee simple UNLESS they’ve indicated otherwise.

Question 2

[Trustee Act s. 58]

Answer 2

applies where a trust is set up. Gives trustees the power to sell part or lease part of the trust property for certain purposes. S. 58(1) allows ppl to apply to court to authorize any transaction (lease, sale, etc.) the court is satisfied is fair in the interest of everyone concerned.

Question 3

[Law Property Act s. 12-13

Answer 3

says that life tenants or lessees (limited owners) are responsible for permissive waste. If you make it then there can be an injunction against you.

Question 4

Perpetuities Act (s. 4(1)

Answer 4

Makes all LT in Manitoba Trusts

Question 5

Trustee Act s. 37(1)

Answer 5

solved this issue, permits trustees to take out insurance on the value of the whole property. Obligation of the trustee to do so. In MB, always ppl to ensure the property, b/c all these are under a trust*

Question 6

Survivorship Act of MB

Answer 6

used to be when multiple ppl died & couldn’t distinguish the order it was to go in order of seniority. NOW, it is to be addressed as though they were tenants in common.

Question 7

Law of Property Act s. 15

Answer 7

said that land granted to 2 or more persons shall be held as tenants in common UNLESS they are blatantly saying on paper they want to be joint tenants.

Question 8

Real Property Act of MB s. 66(3)

Answer 8

says no instrument is effectual to pass an interest in land under the new system or to render the land liable until the instrument is registered in accordance w/ this act.

Question 9

Real Property Act of MB s. 79(1)

Answer 9

passed this aimed at a Stonehouse scenario.
Says to sever that all joint tenants must execute it, must all give written consent, or must provide 30 days’ notice if not all together.

Question 10

[Statute of Anne (s. 27)

Answer 10

accounting between co-owners – can claim when being taken advantage of.

Question 11

Queen’s Bench Act s. 77

Answer 11

action of accounting may be brought as if the other were his bailiff for receiving more than his just share or portion.

Question 12

QB RULE s. 360(b)(osachuck)

Answer 12

could have received if not for wilful neglect or default. He wasn’t.