Exam 21: Interests in Land and Their Transfer

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

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Explain the common law concept of severance.

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Aboriginal land claim disputes often wind up in courts of law.Briefly describe the remedies that can be awarded by a court of law in relation to these types of claims.

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Which of the following can create an easement?

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What is a life estate?

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Aboriginal land claims take multiple forms and have multiple forums for resolution.Specific land claims allege that the Crown

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A's family has owned a parcel of land for five generations.There are no restrictions or conditions attached to the land.In this case,A's family holds the land

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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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When is an owner's title to property extinguished?

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A right entitles the Aboriginal nation to continue the use or tradition on a non-exclusive basis but it depends on the existence of Aboriginal title over the affected land.

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A is making his last will.He wants to leave his cottage property to his daughter and her husband,but in such a way that neither of them can deal with the property without the consent of the other and that when one of them dies,the other will become the owner of the property.He also wants to leave his condominium for the use and possession of his son during his son's lifetime,and after that to his niece and her husband,although he wants to specify that his niece will have an undivided 85 percent interest in the condominium and her husband an undivided 15 percent interest.State the type of estates that the beneficiaries will have in A's property,as well as the type and quality of ownership.

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

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

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After a life estate has been carved out,the balance of the fee simple is called

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

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A freehold estate

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In the Supreme Court of Canada case of R.v.Adams,the court held that Aboriginal rights do not depend on the existence of Aboriginal title.Briefly describe the decision and how the court dealt with the lower court conviction.

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A life estate is

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

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