Exam 14: Real Property: Interests and Leases

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Sarah has owned a fee simple estate for more than 15 years.She has lived on the property the whole time and she has never created an interest in favour of another person.She received a letter in the mail stating that the government is expropriating her land and asking her to vacate within a specified time.Sarah

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C

Darius rented a commercial building to Kylie under a monthly periodic tenancy.The lease took effect on June 1.As soon as Kylie took possession of the building on that day, she realized that she would be happier elsewhere.Consequently, she gave notice to quit on June 1.Assuming that the general rules apply, which of the following statements is TRUE?

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A

Which of the following statements is TRUE with respect to "reversions" and "remainders," as those terms were discussed in the text?

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C

Which of the following statements is TRUE?

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Téa and David are co-tenants of Blackacre.There are no other co-tenants.Blackacre has been leased to the Bland Corp for $50 000.That profit does not necessarily have to be split equally between Téa and David.

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Shortly before he died, Walter drafted a will to make sure that the appropriate people enjoyed Bearsclaw, the name of his cabin in the mountains.At the time of Walter's death, his brother Herman was married to Stella.Stella also owned a cabin in the mountains, which she let Herman use.As Walter knew, however, Stella intended that after she died, her cabin would pass to her cousin.Walter's will therefore said that Bearsclaw would go to his sister, Maria, until Stella died.When Stella died, Bearsclaw would go to Herman.Which of the following can be said with respect to Bearsclaw after Walter died?

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Qadir has the fee simple to a piece of land called Blackacre.Patricia wants to acquire an interest in that property.Which of the following statements is TRUE?

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Monique inherited a life estate in a piece of land called Noiracre.After she died, the land would pass to her brother, Pierre.Monique has largely ignored the property since she acquired it.The house that is located on Noiracre consequently has become badly run down and in urgent need of repair.Indeed, the only thing that Monique has really done to the land is cut down an historic growth of oak trees.Which of the following statements is TRUE?

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Rio bought a piece of land from Bill.Although she now owns that property, the doctrine of privity of contract means that Bill is the only person against whom she can enforce her property rights.

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The word "intestacy" refers to

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There is an important similarity between a mineral lease and a profit à prendre.In neither case does the person who holds the interest have an automatic right to the subject matter of the interest (such as the minerals in a mineral lease).

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Lewis held a lease to land in the countryside.Because he works in the city and seldom has a chance to visit the countryside, he assigned his interest to his sister, Carol.Unfortunately, times were tight for Carol, and after four months, she failed to pay the rent.The landlord has demanded relief from Lewis.In this situation, Lewis

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Franco and Magda have experienced a changing relationship.He has the fee simple to a piece of land called Blackacre.She was initially a tenant under a periodic tenancy.She then occupied Blackacre under a tenancy at will.And now she occupies the property under a tenancy at sufferance.Explain the most likely means by which the nature of the parties' tenancy changed.

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Identify and briefly explain three ways in which a true easement can be created.Are all three methods available in all of Canada's common law jurisdictions? Explain your answer.

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Explain the important differences between the assignment of a lease and the creation of a sublease.

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Selina owned a large piece of land called Blackacre.She sold the west half to Arvid and the east half to Geoff.Geoff and Arvid therefore share ownership of Blackacre as either joint tenants or co-tenants.

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Sofia owned the fee simple in a piece of land called Blackacre.She purported to create a contract for a commercial lease in favour of Roman.That agreement said that Roman was required to pay a "reasonable amount" in rent.A lease has not actually been created because the price must be stated with more precision.

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Benjiro has an "estate" in a piece of land called Blackacre.As described in the text, that term indicates that he

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Ansell rented a commercial property to Eleanor for a five-year term.After two years, she decided that she no longer needed the premises.Her friend, Kiki, however, is eager to use the premises for three years.Which of the following statements is TRUE?

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Winifred and Randolph jointly owned a piece of land.Because they were unable to agree on how to use that property, they went to court.The judge ordered the land to be sold and split the profits between the parties.The judge used a process known as

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