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

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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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The Supreme Court of Canada developed the requirement that First Nations peoples had to be consulted with respect to these projects on their traditional or reserve lands.Industry reacted by simply telling the First Nations group what they were doing and then simply doing it.Recently,the Supreme Court of Canada held that consultation requires obtaining the consent of the First Nations group.Many First Nations peoples feel that this has significantly empowered them in these negotiations,perhaps up to the point of providing them with a veto.

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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C

Indicate what residential rent control regulations are in place in your jurisdiction.

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This will vary with the jurisdiction,but should include not only restrictions on the amount of rent that can be charged but also the control of how often such rent increases can be imposed (per year,or following renovations or a change of tenant).

What is meant by the term "distress" in the context of landlord-tenant relations?

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Explain the rights of a remainderman in a life estate.

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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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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 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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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 joint tenancy can be changed to a tenancy in common in a will.

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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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Which of the following is considered real property in legal terms?

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Distinguish between a bailment for value and a gratuitous bailment.

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An estate in the land describes a person's right to the exclusive possession and use of that land.

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What common law rights regarding the protection of the environment were in place even before the development of strict environmental protection legislation? How are they limited?

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After saving his money for years,Taylor was finally able to buy property with a small house and a lake.Which of the following is false?

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Old Uncle Isaac has a cold and has become very morbid,talking continuously about funerals,death,and wills.Now he asks if he should give wife Juliet a life estate.Which of the following is a true statement about wills and life estates?

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Distinguish between real and personal property.

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What is meant by a reversionary interest in a life estate?

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Distinguish between real property and other forms of property.

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