Unit 1 Flashcards
“Nemo Dat Quod Non Habet” means what?
You cannot sell or give what you do not own
Deed system
checking ALL the previous transfer documents
Torrens system
relying on whatever name shows on Land Title Registry
Does BC use the deed or torrens system?
Torrens
“Registered owner in fee simple” is followed by..
the owners name
give an example of a tangible/fixture
a shed built into the ground
give an example of an intangible
airspace
what is an easement?
advantage or right over a neighbouring piece of land
Assume the owner of property buys and installs a new soaker tub. The owner/seller sells the property to a purchaser. The Contract of Purchase and Sale does not refer to the soaker tub. Who gets to keep the soaker tub?
The purchaser keeps the tub. The tub is a fixture.
Assume the owner of property gives his neighbor the right to cross his property by foot to reach a creek on the other side. This right has been registered with the Land Title Office. The owner sells his property to a new person. The new owner built a 12-foot-tall fence around the property preventing the neighbor from crossing. Can the new owner do this? Why or why not
The new owner cannot build a fence. Building a fence would break the easement.
Assume a person buys property and discovers that he is unable to build another storey to his house because his neighbor has a right over the property that prevents the person from blocking the neighbor’s view. What type of right would this be?
restricted covenant
Assume a person buys property and discovers after he becomes the registered owner that there is a mortgage registered on title. The mortgage belongs to the previous owner who failed to pay back the loan. Can the bank holding the mortgage foreclose against the new owner? Why or why not?
the bank can foreclose against the new owner.
Assume Lana gives a five-year lease to Olivia. Olivia forgets to register the lease on title. Lana sells her property to Beyonce. What is the effect on the lease?
the lease is no longer enforceable against Beyonce.
Assume Harry gives an easement over property that he owns to Sam. He then sells his property to Sabrina promising that there will be no easement on the property. The sale of the property will complete in three weeks. Is Harry allowed to make that promise? Why or why not?
harry is allowed to make the promise. he has 3 weeks to obtain the easement back from sam
Assume Taylor installs a flagpole to fly a giant flag. The flagpole is next to the property line on Taylor’s side, but on some days the flag blows over the neighbor’s yard. Can Taylor do this? Why or why not?
taylor cannot do this. airspace is part of the property
