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

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With regard to interests in land, which one of the following statements is true?

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D

Distinguish between a leasehold estate and a freehold estate.

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A leasehold estate involves a transfer of a right to possess the land to someone else for a specific period of time. A freehold estate, such as a fee simple or life estate, does not last for any specific period of time.

Explain the rights of a remainderman in a life estate.

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When a life estate is granted to one person, and on the expiration of that life estate, the property is to go to another, that other person is referred to as a remainderman.

What is meant by "relief against forfeiture"?

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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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In a three-year commercial lease, the tenant must give the landlord two months' notice upon leaving.

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The will read, "To my beloved wife, I leave our matrimonial home for life, remainder to our son, Ivan." Ivan, the adult son, no longer lived in Manitoba. Upon the husband's death, his wife remarried and moved out of the matrimonial home, but she allowed her friend Tilly to live there. Upon learning that his mother had moved out, Ivan considered moving back to the home. Which one of the following is true?

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When a landlord seizes the tenant's property for failure to pay rent, this is called ________.

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Describe the evolution of the standing of First Nations groups in the development and transportation of energy and natural resources.

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Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation. Which one of the following statements is correct with respect to the legal relationship created?

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A remainderman is a third party with the right to the remainder of the fee simple after the death of life tenant.

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Most people understand that a mortgage involves the ________ borrowing money and giving the creditor a claim against their property (land and buildings) as added security in the event of a default.

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After a default and pursuant to an application by a mortgagee, the court will issue a preliminary order of ________, setting a time limit within which time the mortgage must be redeemed by paying what is in arrears, rectifying any other mortgage defaults, and in some cases, costs.

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

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Indicate how the obligation on innkeepers has been modified by statute.

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Governments often override the common law right that water naturally coming to a property owner not be diverted beyond that needed for domestic usage.

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Life estate means that the land is leased to a tenant for the period of his/her life.

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A periodic tenancy means

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A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.

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About ten years after their marriage, Eric and Bev had saved enough money to buy an investment property. First they bought a duplex, which they held as joint tenants, and later they bought a building lot in Lethbridge, which they held as tenants in common. Eric's will provided that his interest in the duplex would go to their daughter, Lisa, and that his interest in the Lethbridge lot would go to their son, Max. Indicate the statement that accurately describes who will take what upon Eric's death.

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