Exam 21: Interests in Land and Their Transfer

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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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When land is compulsorily transferred to a public body pursuant to statute,this is known 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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Adverse possession is the exclusive possession of property by someone who openly uses the property as if he or she were the owner and ignores the claims of others and the owner.When a person adversely possesses property for a stipulated period of time,the limitation period,the title of owner is extinguished.However,adverse possession ceases to be effective if it is interrupted by the owner before the end of the limitation period.Thus in the above case,if the limitation period is 31 years and close to the end of the thirtieth year the owner comes and demands rent,which is paid,then the adverse possession is interrupted.When adverse possession is interrupted,the limitation period starts again.

Erin and Oliver own their house as joint tenants.Erin makes a will leaving her interest in the house to her parents;Oliver makes a will leaving his interest in the house to his parents.Erin and Oliver are both killed as a result of a car accident.Erin dies one week before Oliver.Her interest in the house will pass to her parents.

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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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Explain two major advantages of the land titles system of registration.

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These days,it is wise for a purchaser of real property to obtain title insurance.Explain.

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Where A leaves his land to his spouse for life and after her death to his son for life and after the son's death to his daughter,the daughter holds a life estate in the land.

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What is a condominium corporation?

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Before present-day legislation,which permits electronic registration,grants of land by deed had affidavits attached to them that identified both the vendor and the purchaser,and these affidavits were sworn under oath.As a result,identity theft and fraud seldom occurred.Today,however,such affidavits have been done away with in transfers,particularly in situations where registration is by electronic means.Given the rise in identity theft and the corresponding number of fraudulent transfers related to land,discuss whether there is good reason to return to the ways of the past and,if not,the best way to protect the parties involved in the purchase and sale of land.

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Jack and Mary owned their matrimonial home as joint tenants.Approximately two weeks before he passed away,Jack prepared a new document that transferred his interest in the home to his sister Janet.Jack's conduct is known as

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A life estate is

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Unless someone has adverse possession,the law presumes an owner to be in possession of his or her property.

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A owns a farm in rural Ontario,but lives in Toronto.B owns the farm right next to A's farm and earns his living as a farmer.If B enters into an agreement with A whereby B can plant and harvest crops on A's land,A has granted B

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A potential purchaser of land is often provided with a time period under the agreement of purchase and sale to search for information relating to the property.This has the effect of reducing the risks of receiving defective title.One of the sources of information that can be obtained or requisitioned is a survey.What is a survey,and why is it important for a purchaser to consider obtaining?

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When is an owner's title to property extinguished?

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Use this fact situation to answer the related questions that follow. John owns a cottage property and wants to ensure that on his death,his wife will have the use of the property as long as she lives,but that when she dies it will be transferred to his two sons. To accomplish this,John will give his wife

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

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A building scheme is different from a restrictive covenant because a building scheme

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Use this fact situation to answer the related questions that follow. On January 1,2009,A enters into an agreement of purchase and sale to purchase B's property in downtown Toronto and takes the agreement to his lawyer. Among other things,and before the transaction closes,A's lawyer will conduct

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