Exam 21: Interests in Land and Their Transfer

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

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

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.

By the terms of his will,Ted gives a life estate in a small home he owns to his brother Bob.Ted then directs that the rest of the fee simple pass to his brother's son Philip after Bob dies.Bob's son is referred to as

A freehold estate

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

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

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

Jack buys a farm house.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 Jack's property is a

Explain why it is important to conduct,before closing,a zoning search of property that is the subject matter of an agreement of purchase and sale.

Today,most utility companies have easements over residential property.

Use this fact situation to answer the related questions that follow. Edward and John own residential lots of land in Ontario that are beside each other.The previous owners of the lots wanted to save themselves the cost of surveys and put up a fence on what they thought was the lot line between the two properties.Edward bought his lot in 1961,and from that time on began to landscape a 3 metre wide strip beside the fence;erecting a rock wall 3 metres from the fence;planting trees,shrubs,and flowers;and constructing a small fountain between the wall and the fence.In 1986,John purchased his lot and had a survey done,which disclosed that the fence had been placed 3.3 metres inside his lot,so John proceeded to move the fence back to the lot line and in the process destroyed all of the landscaping that Edward had done. Assuming that the property was in the land registry system,in this case

A geological survey of land owned by George in northern Ontario indicates that there are gold deposits under the soil,which makes the land very valuable.George approaches a mining company and agrees to let the company mine the gold for a very large sum of money.The agreement goes on to provide that the company will also pay George a portion of the value of gold extracted each year by the company.In this case,George and the company have entered into

Absolute ownership of real property does not entitle the owner to sell it.

What is expropriation?

Tenancy in common and joint tenancy are distinguished by

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

Explain the common law concept of severance.

Two benefits of owning a condominium are absolute ownership and the sharing of all common expenses.

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