W1 - The Historical Context of Land Law in Canada

Question 1

At the time of colonization, how many types of law where there in Canada, and what were they?

Answer 1

3. Common Law (English), Aboriginal Law, and Civil Law (French)

Question 2

What ended the colonial wars between France and England?

Answer 2

The Treaty of Paris

Question 3

Is Feaudalisum and Tenure the same thing?

Answer 3

Basically yes. Tenure was the system of land ownership that developed under feudalism.

Question 4

In England, who was the first feudal lord?

Answer 4

William the Conqueror

Question 5

What does tenure literally mean?

Answer 5

To hold

Question 6

What are the 3 orders of medieval Society? Rank them from most to least powerful.

Answer 6

1. Nobility.
2. Clergy.
3. Everyone else

Question 7

Bonus question! When did the last feudal territory renounce feudalism? (note: not applicable to law, just a fun fact)

Answer 7

2008

Question 8

What is the Doctrine of Tenure?

Answer 8

Individuals and corporations hold interests in land of the Crown, but no outright ownership at common law

Question 9

What is a modern allegory to the feudal system?

Answer 9

A sublet (peasant) pays rent to the lessee (local lord), pays rent to the landlord (king)

Question 10

What is Escheat?

Answer 10

the reversion of lands in English feudal law to the Lord of the fee when there are no heirs capable of inheriting under the original grant
Basically, the government/Crown gets it if a landowner dies with no heir

Question 11

What is an Incident of Tenure? Give an example.

Answer 11

An incident is a privilege/tax attached to ownership of Land. Ex. Lord Smith receives land that has a Mill on it, and that tenure comes with an incident to collect revenue from that Mill.

Question 12

What is the Classification of Tenure?

Answer 12

It encompasses the duties, responsibilities, and benefits that come with possession of land.

Question 13

What differs types of Tenure are there?

Answer 13

Free and Unfree

Question 14

What are the types of Free Tenures?

Answer 14

Tenures of chivalry (knights service and grand sergeant)
Tenures of franklamoign and divine service (clergy)
Tenures of socage (agricultural service)

Question 15

What is Subinfeudation? Give a modern equivalent.

Answer 15

subdivision of a feudal estate by a vassal (holder of land by tenure) who in turn became a feudal lord over his tenants
This made the feudal ladder long and complicated

Basically, the process of a renter setting up a sublet.

Question 16

When did the Statue of Quia Emptores pass and what did it do?

Answer 16

Passed in 1290, and prevented lords from alienating their property through Subinfeudation. Division of feudal land thereafter could only occur through substitution

Question 17

After the Statue of Quia Emptores passed, who could grant new tenures?

Answer 17

Only the Crown

Question 18

What system governs the modern conception of land ownership, and what does it mean?

Answer 18

Fee Simple: absolute ownership “a absolute and permanent tenure in land with freedom to dispose of it at will

Question 19

What is Wardship?

Answer 19

Allowed Monarch to hold lands of a tenant who died and only had heirs under the age of 21
Monarch was entitled to revenues produced by the land until the heirs became 21

Question 20

Does Escheat still exist?

Answer 20

Yes.

Question 21

Did the Tenure Abolition Act 1660 abolish tenure? What else did it (not) do?

Answer 21

Did not abolish Tenure. Instead it removed many tenurial incidents, and covered all tenure into socage tenure

Question 22

What does “reception” refer to, and how does it work?

Answer 22

“reception” refers to how English law was received and used in Canada

Declares that the law of England (at a specified date) would be the enforced law in the land
This is why English cases are still persuasive in Canadian law

Question 23

Which level of government declared a reception date for a given jurisdiction?

Answer 23

the local provincial/territorial legislature

Question 24

What is the doctrine of continuity?

Answer 24

assured that pre-existing laws would continue unless they were changed by a “competent authority”

Basically, English laws would be in effect up until the point that the federal/provincial government amended them

Question 25

Is Aboriginal land governed under the tenurial system?

Answer 25

No. It is a Sui generis system

Question 26

What was the Royal Proclamation?

Answer 26

was a constitutional document that explained how access to land was to be governed between Indigenous nations and settlers of North America

Question 27

Is all Canadian land held in free socage?

Answer 27

No. Not Aboriginal land, nor Quebecois land

Question 28

What does the Escheats act of 2015 do?

Answer 28

sets out a procedure in which a public guardian and trustee may take possession of unclaimed property which has become property of the Crown by virtue of an existing regulation or statute

Question 29

What is Seisin?

Answer 29

Determined rights to possession of land and conveying interest in land

Question 30

What is the Doctorine of Estates?

Answer 30

sets out bundle of rights for landholder - the set of rights that a landowner could hold as opposed to a landholder

Question 31

Between Freehold and leasehold, which is superior?

Answer 31

Freehold