Question 1

Comprehensive land claims deal with lands that are not subject to a treaty but in which an Aboriginal interest,right,or title is claimed.

Accepted Answer

A) True 
 B)False  True

Question 2

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?

Accepted Answer

A survey is a detailed drawing or map of the real property showing all of the boundaries of the land and locations of the buildings,fixtures,encroachments,or overhangs.The only way to confirm the exact physical location of buildings and fences on a property is to obtain a survey.One of the things that a survey confirms is whether or not a structure purportedly being sold is actually on the lot.Erected fences and existing driveways are located in relation to the boundaries of the property.The survey can also identify possible claims for adverse possession.Unfortunately,surveys are expensive.The parties to an agreement of purchase and sale should address in the agreement whether or not a survey will be provided as a condition of sale and,if so,which party has the obligation to supply it.

Question 3

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

Accepted Answer

A restrictive,or negative covenant,is a covenant that restricts a purchaser from doing something,whereas a positive covenant requires the purchaser to do something with respect to the land.While the former runs with the land and binds successive purchasers of the property,the courts have held that the latter is not binding on successive purchasers of land.

Question 4

When land is compulsorily transferred to a public body pursuant to statute,this is known as

Accepted Answer

A) transfer by operation of statute. 
B) reservation. 
C) transfer. 
D) levy execution. 
E) expropriation. 
A) transfer by operation of statute. 
B) reservation. 
C) transfer. 
D) levy execution. 
E) expropriation.

Question 5

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.

Accepted Answer

A) True 
 B)False

Question 6

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.

Accepted Answer

A) True 
 B)False

Question 7

Today,most utility companies have easements over residential property.

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

For various reasons,municipalities,citie

Question 9

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.

Accepted Answer

The rise in fraudulent transactions has

Question 10

Describe the two main classifications of interests in land.

Accepted Answer

The modern system of land ownership clas

Question 11

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

Accepted Answer

A) joint tenancy areas. 
B) common elements. 
C) communal areas. 
D) general areas. 
E) estates. 
A) joint tenancy areas. 
B) common elements. 
C) communal areas. 
D) general areas. 
E) estates.

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A) applies only to a condominium development. 
B) covers an entire neighbourhood. 
C) requires an owner to get developer approval before building. 
D) does not bind future purchasers. 
E) can be extinguished if the majority of owners agree. 
A) applies only to a condominium development. 
B) covers an entire neighbourhood. 
C) requires an owner to get developer approval before building. 
D) does not bind future purchasers. 
E) can be extinguished if the majority of owners agree.

Question 14

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

Accepted Answer

A) real estate development. 
B) life estates. 
C) a condominium. 
D) joint tenancy. 
E) a tenancy in common. 
A) real estate development. 
B) life estates. 
C) a condominium. 
D) joint tenancy. 
E) a tenancy in common.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) there is a continuous exercise of the right for a period of at least 20 years. 
B) the exercise of the right is conducted openly. 
C) the exercise of the right is without fraud or deceit. 
D) the owner is aware of the use and does not object. 
E) the exercise of the right is without force or threats against the owner. 
A) there is a continuous exercise of the right for a period of at least 20 years. 
B) the exercise of the right is conducted openly. 
C) the exercise of the right is without fraud or deceit. 
D) the owner is aware of the use and does not object. 
E) the exercise of the right is without force or threats against the owner.

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) the reversion man. 
B) life tenant. 
C) the remainder man. 
D) tenant in common. 
E) servient tenement. 
A) the reversion man. 
B) life tenant. 
C) the remainder man. 
D) tenant in common. 
E) servient tenement.

Question 19

When proposed new uses or changes in use,such as cutting down trees or mining,could negatively impact Aboriginal interests,the government must

Accepted Answer

A) pass legislation authorizing the proposal. 
B) settle any existing lawsuit prior to changing any use. 
C) consult with affected groups and make a genuine good faith effort to accommodate their interests. 
D) restrict consultation to only proven rights. 
E) comply with outstanding municipal orders relating to the land. 
A) pass legislation authorizing the proposal. 
B) settle any existing lawsuit prior to changing any use. 
C) consult with affected groups and make a genuine good faith effort to accommodate their interests. 
D) restrict consultation to only proven rights. 
E) comply with outstanding municipal orders relating to the land.

Question 20

What is a condominium corporation?

Accepted Answer

A condominium corporation is a

Exam 21: Interests in Land and Their Transfer

Comprehensive land claims deal with lands that are not subject to a treaty but in which an Aboriginal interest,right,or title is claimed.

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

When land is compulsorily transferred to a public body pursuant to statute,this is known as

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.

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.

Today,most utility companies have easements over residential property.

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.

Describe the two main classifications of interests in 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

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

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

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

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

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

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

When proposed new uses or changes in use,such as cutting down trees or mining,could negatively impact Aboriginal interests,the government must

What is a condominium corporation?

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