Unit 7: Real Property Law and Related Legislation Flashcards
Define Land
the physical ground and air space above it to the extent that is useable.
Characteristics of Land (5):
1) Durable
2) Rigid
3) Immobile
4) Unique
5) Scarce
Real Property refers to…
the tangible attributes of the land, the real estate (land and buildings) and intangible rights of ownership
The Bundle of Rights are (5)
- To possess the land and to use it
- To lease the land to another
- To sell the land to another
- To give the land to another
- To retain the land
Joint Tenancy involves…
2 or more owners with each having the right of survivorship (cannot leave it to someone else in will)
- Equal ownership (both 100%)
4 Conditions for Joint Tenancy
1) Time (receive interest together)
2) Title
3) Interest
4) Possession
Tenancy-in-Common refers to..
2 or more property owners but when one dies, their share goes to their estate. (can own different shares)
What are the Legislated Limitations to ownership rights? (8)
1) Taxation
2) Land Use
3) Police Power
4) Eminent Domain (gov’t expropriation)
5) Escheat (gov’t claims for unpaid taxes or dies with no heirs)
6) Surface Rights
7) Mineral Rights
8) Water Rights
In Alberta, all water is owned by ___________
the Provincial Government
_____________ permits certain uses from being exempt from water licensing requirements.
The Water Act
A water license to divert and use water is not required for the following:
- Domestic household use
- Traditional agriculture use
- Firefighting
- A well that is hand pump operated
Water licenses are tied to the land so it will transfer to a new owner. Will it appear on the title?
No
Examples of Registered Encumbrances (11)
1) Easement
2) Conservation Easement
3) Caveat
4) Encroachment
5) Restrictive Covenants
6) Liens
7) Builders’ Liens
8) Leases
9) Writs of Enforcement
10) Party Wall Agreements
11) Mortgages
An ________________ is a right to use land in common with others.
Easement (e.g. utility right-of-ways)
A _________________ is a voluntary agreement between a landowner and a government agency or conservation charity that limits the amount / type of development that can occur on that property.
Conservation Easement
A ____________ is a notice or warning that someone is claiming an interest in the land and it must be in writing.
Caveat
An _______________ is the result of an item being placed, erected, or built on an adjoining property.
Encroachment
A ________________ places a restriction or limitation on the use of or architectural detail of a property.
Restrictive Covenant (e.g. height limit, material use, setbacks, etc.)
___________ are financial claims permitted by statute on real property that does not arise from a contractual agreement, such as a mortgage.
Liens
____________ are created by statute under the _____________ Act and are generally subject to the Land Titles Act.
Builder’s Lien (claim for unpaid services or materials)
Under the Builders’ Lien Act, a claim for unpaid service or material must be in excess of $______ and made within ______ days after completion / final day work.
$300, 45 days
A ___________ registered against the title provides notice that litigation is in progress on that land.
Certificate of Lis Pendens
A ____________ is a written directive from the court issued against a property title. It’s issued when a claimant successfully sues a debtor.
Writ of Enforcement
Attached properties may have a common wall that divides each property from one another, this requires a _________________
Party Wall Agreement