Exam 22: Interests in Land

Gottlieb owned a cottage lot which had frontage on a lake.He later granted a 30-metre wide right of way to Baxter,who had a lot behind his lot,to enable Baxter to reach the lakeshore to launch his power boat.The next year,Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months.When Gottlieb discovered the boathouse a few months later,he hired a bulldozer,and pushed the boathouse off the land,and into the lake.Gottlieb is the owner of the land,subject only to Baxter's right of way on the 30-metre strip of property.

Describe how a condominium development is operated,how the rights and obligations of unit owners are defined,and how the condominium deals with the problem of a unit owner who fails to pay his or her share of the operating expenses of the condominium.

Describe the process by which possessory interests in land are created,and the ways in which they are defeated both in Registry and Land Titles Systems.

Which of the following statements are true?

Only the Registry System requires a search of title back 40 years to determine the true owner of a property.

Describe the types of,and rights attached to,estates in land,including in your answer a treatment of easements and restrictive covenants.

Common elements in condominium law are

Mary was left her grandfather's interest in lands by his will.Her grandfather was a joint tenant with a third person.Mary decides to mortgage her interest in that land to the bank.The bank will give her the money.

Death of one of two joint tenants vests ownership of the property entirely in the survivor.

Gottlieb owned a cottage lot which had frontage on a lake.He later granted a 30-metre wide right of way to Baxter,who had a lot behind his,to enable Baxter to reach the lakeshore to launch his power boat.The next year,Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months.When Gottlieb discovered the boat house a few months later,he hired a bulldozer,and pushed the boathouse off the land,and into the lake.The lot owned by Baxter is the dominant tenement.

There is no true ownership of land in Canada.We are in the same position as the former Communist countries were,where without ownership,land was leased from the state.Discuss.

In 1951,George purchased a piece of property in a cottage resort area.The property was subject to a restrictive covenant running with the land until August 1,2050,that the property shall never be sold,assigned,transferred,or leased to any person born in the State of Israel.In January 2004,George entered into an agreement of purchase and sale with another individual.The purchaser through his solicitor submitted the following requisition on title: "in view of the fact that the purchaser herein was born in the State of Israel,I require a release from the restrictions imposed on the land,and the restrictive covenant struck out,void and of no effect." George was only too happy to provide this release,however,an adjoining landowner wished to enforce the restrictive covenant.Together,George and his purchaser made an application to the courts to have the restrictive covenants struck down as against public policy.Discuss the issues raised in this case,from a perspective of the 1950s and the perspective of the 21^st century,and render a reasoned decision.Regardless of your answer,if the covenant was upheld,suggest an alternative way this sale may be affected without violating the covenant.

An injunction is the most appropriate remedy in the breach of a restrictive covenant.

Andrew and Bob purchase land as joint tenants.Bob sells his interest to Carol.Subsequently,Andrew dies.Which of the following statements is correct?

Gottlieb owned a cottage lot which had frontage on a lake.He later granted a 30-metre wide right of way to Baxter,who had a lot behind his,to enable Baxter to reach the lakeshore to launch his power boat.The next year,Baxter built a boathouse on the 30-metre strip in which to store his boat during the winter months.When Gottlieb discovered the boat house a few months later,he hired a bulldozer,and pushed the boathouse off the land,and into the lake.The grant of the right of way is an estate in land.

Brady acquired a block of land in fee simple under a Crown Patent.He divided the block into two parcels: Whiteacre and Blackacre.He kept Whiteacre,but granted Blackacre to Drucker for life,then to Evans.Brady died possessed of Whiteacre,leaving the land to Crader.Brady,as the holder of Blackacre in fee simple was entitled to grant a life estate to Drucker.

Death of one of two tenants-in-common vests ownership of the property in the other one.

The reversion of land to the Crown when a person possessed of the fee dies intestate and without heirs is called a(n)

A condominium unit owner has

The City of Calgary wants to construct a new rapid transit line on 17^th Avenue.It requires more land along the road so it enters into negotiations to purchase the land from the current owners.Some owners refuse to sell.What can it do to acquire the property?