Exam 14: Real and Personal Property and Protection of the Environment

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Explain what is held in a life estate.

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The person who holds the life estate in the land will have the right to use and occupy that land during the life of the person to whom the life estate is attached, usually the person who holds the life estate. This includes the right to sell the interest in the land, but that interest is limited by the life in question.

If someone stores goods on your property without permission and you exercise no control over those goods, there is no duty to take care of them.

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When a person buys property but under the title is prevented from building certain types of structures or carrying on certain types of activities at that location, this is called ________.

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a restrictive covenant

Distinguish between a tenancy in common and a joint tenancy.

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Environmental offences, which can lead to cleanup orders, large fines, and even jail terms, are a thing of the past since they have largely been replaced by the negotiation of solutions.

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Who is responsible for the repair of the premises in a normal rental agreement?

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Distinguish between a leasehold estate and a freehold estate.

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Which of the following describes involuntary bailment?

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The bailee is not liable for damage done to goods while they are in his/her possession.

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Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents, which referred to a transfer of a "fee simple." The following statements were made to him to explain the term. Which is incorrect?

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A right of way can be acquired by prescription when a person's habitual use of land is not interfered with by the owner.

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For advertising purposes, Mr. Storage, the owner of a restaurant in the middle of the city, attached an enormous balloon to the roof of the building. The wind caused the balloon to rest right above a small adjacent grocery store most of the time. The balloon caused no damage, but its presence annoyed the owner of the grocery store, Mr. Greens, who was thinking of putting his own sign above his store. What action, if any, does Mr. Greens have against Mr. Storage?

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Joe verbally agreed with his landlord to a two-year lease for an apartment. Only five months later, the property was sold to somebody else. The new owners gave Joe three months to vacate the premises. Explain Joe's legal rights under these circumstances.

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Distinguish between a bailment for value and a gratuitous bailment.

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There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term, the tenant can pay the arrears and apply in the court to have the lease reinstated. This is known as

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Indicate three ways that the laws related to residential tenancies have been modified by statute in your jurisdiction.

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Describe the environmental review process in place under federal legislation.

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What is the lessor's obligation to ensure quiet enjoyment?

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Indicate the extent of ownership above and below a parcel of land.

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Which of the following is one of the implied rights of a lessee of a commercial tenancy?

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