W2 - Doctrine of Estates

Question 1

What defines a freehold estate?

Answer 1

uncertain duration estates, no set expiry

Question 2

What are the differs types od freehold estates?

Answer 2

Fee Simple - ownership of all proeprty interests
Lasts as long as there are heirs who may inherit the estate
Life Estate - owernship for the lifetime of the possessor
Lasts for a holder’s lifetime. Is freehold becasue the date of death is uncertain
Fee Tail - outright ownership, but can only be inherited by direct descendants, cannot be sold

Question 3

Give an example of a leasehold estate

Answer 3

monthly rental

Question 4

What kind of estate cannot be inherited?

Answer 4

a life estate

Question 5

What happens if the grantor of a life estate dies before the holder of a life estate does?

Answer 5

On the death of the holder, the estate will revert back to the executor of the grantor’s will

Question 6

What does Allodial Ownership mean?

Answer 6

outright ownership/fee simple

Question 7

What happens if a fee simple estate holder dies?

Answer 7

It passes to their heris

Question 8

What happens of no one is alive to inherit a property?

Answer 8

The estate will escheat back into the ownership of the State

Question 9

What is Fee Tail?

Answer 9

shortened type of fee simple
Can only descend to a specific class of relatives as described in its formula

Question 10

Does Fee tail exist in Ontario?

Answer 10

No

Question 11

What kind of phrase could create a fee tail estate?

Answer 11

“Oscar grants to Charles and the heirs of his body”

Question 12

What is a Consecutive Estate? give an example

Answer 12

Proceeds two present interests.
Oscar grants to Anne for life, remainder to Bob and his heirs

Question 13

What are the kinds of estates that consecutive estates will create?

Answer 13

A life estate for the present holder, and a future fee simple estate for the remainder person

Question 14

In a consecutive estate, do both parties have an interest in the property?

Answer 14

Yes. The life estate holder only has the right of possession first

Question 15

What would happen if the holder of a life estate sold the land before they died?

Answer 15

The land would revert to the future fee simple holder at the moment the life estate holder died.

Question 16

What is primogeniture?

Answer 16

The practise of willing the land so that the eldest male child would inherit the totality of the family estate. If there are no male heirs, then the estate is divided among female heris

Question 17

Under common law, were spouses heirs to one another?

Answer 17

No. They only held life estates

Question 18

What rights are conferred through fee simple?

Answer 18

usus, fructose, abusus, aliénation, easement, profit a prendre

Question 19

What defines usus?

Answer 19

to use and possess the land. Manage and control the land

Question 20

What defines fructose?

Answer 20

right to profit from the land (leasing, farming)

Question 21

What defines abusus?

Answer 21

the right to alter the land, even to the point of destruction. Includes cutting trees down and knocking down buildings

Question 22

What phrase would create a fee simple estate?

Answer 22

“to A and his heirs”

Question 23

What is the current presumption of estate to be created in a will?

Answer 23

Today, fee simple. Under old common law, life estate

Question 24

In a life estate, what rights does the grantor have?

Answer 24

either retained a right of reversion or grantor has transferred the reversion to a third party called the remainder person

Question 25

What rights are conferred by a life estate?

Answer 25

usus and fructose, but not abusus

Question 26

What is the law of waste?

Answer 26

protects the interest of the party whose interests follow the life tennant. (Remainderperson/grantor). Protects form the devaluation of the land. Life tenant cannot damage the capitol value of the land. Provided the holder/reversionerwith the right of injunction.

Question 27

What are the 4 types of waste?

Answer 27

Voluntary
Prohibited. These acts damage the capitol value.
Permissive
Occurs when the life tennant fails to maintain the peppery in a passsssove way. Life tennant I not liable for permissive waste unless the creation document of the estate stay otherwise. (Ex. Leaky roof)
Life tennant is not reponcible for capitol expenses, but its for ordinary expenses.
Ameliorating
Acts that add value to the property. Usually not prosecuted.
Equitable
Extreme acs of depilation allowed by the grantor

Question 28

What was the ratio for Estate of Peter P Ryan v Elizabeth Boulos Ryan?

Answer 28

Judge found rather, that it only meant she did not have to pay rent. She was esponcilbe for periodic expense’s and the estate was responsible for the capital expenses ass the remainder person

Question 29

In McDonald Estate (Re), what did the court hold?

Answer 29

The leaving the property in disrepair did not terminate a life interest

Question 30

What is a Life Estate Pur Autre Vie?

Answer 30

The transference of a life estate. The original holder’s life measures’ its span