Exam 13: Real, Personal, and Intellectual Property

Mr.Bucks owned a 10-hectare property in Langley.He subdivided the land into two 5-hectare lots.He decided to keep lot A for himself and to sell lot B.His friend and neighbour,Ms.Goode,wanted lot B,so they made the following deal: for lot B,Ms.Goode would give Bucks $100 000,her car,a right-of-way of 3 metres along the east side of lot B to provide access to the highway,her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory)and her promise to plant a 5-metre-long laurel hedge to block his view of her driveway.All promises were registered.Which one of the following is true?

In Shun Cheong Holdings B.C.Ltd.v.Gold Ocean City Supermarket Ltd.,premises were leased for use as a grocery store.Seepage of a "smelly greasy fluid" interfered with the operation of the store.When the lease was abandoned,the issue was whether the landlord could bring an action against the tenant for breach of the lease.What did the Court find?

Real property refers to land only.

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 owed.

Explain what is meant by an "ex parte procedure" and give an example.

In 2005,Jonah sold a building to his two married sons: Alan and Charles.In 2015,Charles was thinking of severing the joint tenancy,but before anything was said or done,Charles and Alan both drowned in a boating accident.Charles died immediately,but Alan died two months later,never having regained consciousness.Charles had willed his interest in the property to his wife and Alan had willed his to his son.On these facts,which of the following is false?

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 B.C.Upon her 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?

Explain what is meant by a person obtaining a right of way "by prescription."

Distinguish between real and personal property.

Which of the following is true with regard to trademark?

A husband and wife own Lot A as joint tenants and Lot B as tenants-in-common.The husband's will reads: "I leave Lot A to my son John and Lot B to my daughter Mary." Who takes what when the husband dies?

What is a tenancy at sufferance?

"When a tenant has signed a two-year lease and then for some reason finds himself in the position where he has to leave,the landlord has an obligation to try to rent out the premises to someone else." Explain the accuracy of this statement.

What is relief against forfeiture?

When a person acquires temporary possession of a chattel by arrangement with the owner,it is known as which of the following?

Candice tells you she has "sublet" her property.What does this mean?

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.

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?

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 most of the time right above a small adjacent grocery store.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?

Under the Copyright Act,what does the new remedy of statutory damages entail?