Exam 21: Interests in Land and Their Transfer

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Use the fact situation in Q2 to answer the related question that follows. Also in this case,at common law the two sons will be referred to as

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In a condominium,structures and areas that are external to a condominium unit,such as the reception,stairs,gardens,and gymnasium,are referred to as

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Use the fact situation in Q10 to answer the related question that follows. In addition to the searches that A's lawyer will conduct,A's lawyer will need to examine

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Explain the difference between a restrictive covenant and a positive covenant.

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A unit in a multiple-unit development that may be owned in fee simple is usually referred to as

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It has been suggested that the disadvantages of owning a condominium are actually minimal.Explain one situation where this statement may be less than accurate.

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Use the fact situation in Q10 to answer the related question that follows. Assume that the agreement of purchase and sale between A and B is silent as to production of a survey,but permits A or his authorized representative to inspect the property.In this case,to protect himself

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Where A takes a shortcut over B's land for six years without B's consent,A is a trespasser.

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Use the fact situation in Q14 to answer the related question that follows. Also in this case,

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An easement can only be acquired through the use of land and never by way of a grant or transfer from the owner of the land.

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In some parts of Canada,using another person's land may give an adjoining landowner an easement over her or his neighbour's land.An easement by prescription will not be created if

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Use the fact situation in Q6 to answer the related question that follows. If title to both farms was registered in the land titles system,

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An eavestrough that overhangs A's house onto B's land is an encroachment.

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John and Edward own property in Toronto.Edward owns 45 percent of the property,and John owns the remaining 55 percent.Both John and Edward can deal with their respective interests in the property at any time without the consent of the other.In this case,John and Edward own the property as

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Michael has been in adverse possession of a home for close to 30 years.Assume that the limitation period for adverse possession is 31 years and that a few months before the end of the thirtieth year the owner returns to the property and demands rent from Michael,which Michael pays.Explain the effect on Michael's adverse possession.

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Explain the effect of severance and how can it be done.

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Jack buys a farmhouse.The day after he buys the home,he sees Joseph,another farmer,walking over his property with a pail,towards a nearby stream.Jack is angry that Joseph is walking over his land,and he tells Joseph not to do so.Joseph tells him that he has a right to walk over the land to fetch water from the stream.Joseph tells Jack that the right has existed since Joseph's great-grandfather purchased the property.This means that Joseph has a right of way.

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An estate in land given by A to B during A's life gives A a remainder in the land.

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Explain the common law concept of severance.

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Michael has been in adverse possession of a home for close to 30 years.Assume that the limitation period for adverse possession is 31 years and that a few months before the end of the thirtieth year the owner returns to the property and demands rent from Michael,which Michael pays.This means that adverse possession has been interrupted and the limitation period will start to run again.

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