Deck 23: Interests in Land and Their Transfer

Question 1

Jack and Mary own their matrimonial home as joint tenants. Approximately two weeks before he passes away, Jack prepares a new document that transfers his interest in the home to his sister Janet. Jack's conduct is known as

A) severance.
B) last will and testament.
C) preparing a will.
D) transference.
E) separation of interest.

Answer 1

A

Question 2

Jack and Mary are married. Jack wants to ensure that when he passes away, his interest in their home will revert to Mary. What should Jack and Mary do?

A) Mary should register her entitlement to Jack's interest in their home.
B) Jack should write a letter of intent to be filed with the land registrar's office indicating his wish that his interest revert to his wife, Mary.
C) Jack and Mary should take title to their home as Joint Tenants.
D) Jack and Mary should register their interest with the land registry.
E) Jack and Mary should take title to their home as Tenants in Common.

Answer 2

C

Question 3

Mary and Jack are Tenants in Common, when either party dies, his or her share of their home will

A) be given to a third party.
B) go to his or her parents.
C) go to their children.
D) go to his or her heirs.
E) go to the other party.

Answer 3

D

Question 4

Tenancy in common and Joint tenancy are distinguished by

A) probate.
B) the right of survivorship.
C) leasehold interests.
D) legal fees.
E) probate fees.

Question 5

The process of administering and settling the estate of a deceased is referred to as

A) settlement.
B) estate settlement.
C) administration of estate.
D) probate.
E) dower.

Question 6

Mary and Paul are married and living in a home that they purchased shortly after their marriage approximately three years ago. Title to the property is in their names as joint tenants. Mary needs some money to make certain purchases and they both decide that Mary can obtain a loan from the bank and give the bank a mortgage over her share of the home as security for the loan. This will amount to

A) right of survivorship.
B) transfer of assets.
C) severance.
D) dower.
E) reversion.

Question 7

The owner of a condominium has of his or her unit, and _ of common elements.

A) exclusive possession; part ownership
B) joint tenancy with others; joint ownership
C) part ownership; part ownership
D) joint tenancy with others; tenancy in common
E) non- exclusive possession; part ownership

Question 8

In a condominium, structures and areas that are external to a condominium unit, such as the reception, stairs, gardens and gymnasium are referred to as

A) general areas.
B) joint tenancy areas.
C) estates.
D) communal areas.
E) common elements.

Question 9

The greatest interest that a person may own in land is referred to as

A) complete interest.
B) life estate.
C) fee simple.
D) life interest.
E) life tenant.

Question 10

A life estate is

A) a holder of a life estate.
B) a fixed time during which a person holds an interest in land.
C) an interest in land that is indeterminate in time.
D) an interest in land that is closest to complete ownership.
E) an estate in land held for the life of one person.

Question 11

After a life estate has been carved out, the balance of the fee simple is called

A) a remainder.
B) a remainder of estate.
C) a balance of estate.
D) an estate reversion.
E) a balance.

Question 12

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right haw existed since Joseph's great grandfather purchased the property. This means that Joseph has an

A) easement.
B) right of way.
C) estate.
D) severance.
E) crossing rights.

Question 13

A unit in a multiple- unit development that may be owned in fee simple is usually referred to as

A) a condominium.
B) life estates.
C) a tenancy in common.
D) real estate development.
E) joint tenancy.

Question 14

A freehold estate

A) a holder of a life estate.
B) a fixed time during which a person holds an interest in land.
C) an estate in land held for the life of one person.
D) an interest in land that is indeterminate in time.
E) an interest in land that is closest to complete ownership.

Question 15

The right of a surviving joint tenant to the interest of a deceased person is referred to as

A) a right of survivorship.
B) a right of tenants.
C) probate.
D) a right of joint tenants.
E) a right of the remainder.

Question 16

A building scheme is different from a restrictive covenant because a building scheme:

A) requires an owner to get developer approval before building
B) applies only to a condominium development
C) covers an entire neighbourhood
D) does not bind future purchasers
E) can be extinguished if the majority of owners agree

Question 17

Concurrent holders of equal shares in an estate without a right of survivorship are referred to as

A) remaindermen.
B) joint tenants.
C) tenants in common.
D) lessees.
E) lessors.

Question 18

The process of administering and settling the estate of a deceased person in court is called

A) mediation.
B) estate administration.
C) negotiation.
D) litigation.
E) probate.

Question 19

Which of the following can create an easement?

A) the right to use your neighbour's driveway to reach the garage on your property
B) the right to exclusive occupation of a building for 25 years
C) permission from your neighbour to hold a garage sale in his yard
D) the right to go onto your neighbour's property to extract coal
E) all of the above

Question 20

A life tenant is

A) an estate in land held for the life of one person.
B) an interest in land that is closest to complete ownership.
C) an interest in land that is indeterminate in time.
D) a fixed time during which a person holds an interest in land.
E) a holder of a life estate.

Question 21

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right has existed since Joseph's great grandfather purchased the property. This means that Jack's property is a dominant tenement.

Question 22

Which of the following is not an element of adverse possession?

A) The possessor must use the property as if he or she were the owner.
B) The possessor must stay on the property of the owner.
C) The possessor must ask the permission of the owner.
D) The possession must be open and notorious.
E) The possessor must ignore the claims of other persons including the owner.

Question 23

A life estate is an estate in land for the life of several persons.

Question 24

The owner of a condominium has non- exclusive possession of his or her unit, and part ownership of common elements.

Question 25

Unless someone has adverse possession, the law presumes and owner to be in possession of his or her property.

Question 26

When a person who does not own land, occupies it and openly uses it like the owner, and ignores the claims of other persons, including the owner, this person is said to have a non- owner's right to possession.

Question 27

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right has existed since Joseph's great grandfather purchased the property. This means that Joseph's property is a dominant tenement.

Question 28

What is a condominium corporation?

Question 29

When a person who does not own land, occupies it and openly uses it like the owner, and ignores the claims of other persons, including the owner, this person is said to have

A) exclusive possession of a non- owner.
B) adverse possession.
C) non- owner's possession.
D) a non- owner's right to possession.
E) profit a prendre.

Question 30

An interest in land that permits the lessee to remove or extract material from the land is referred to as an easement.

Question 31

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right has existed since Joseph's great grandfather purchased the property. This means that Joseph's property is a

A) statutory easement.
B) dominant tenement.
C) servient tenement.
D) severance.
E) right of way.

Question 32

When land is compulsorily transferred to a public body pursuant to statute, this is known as

A) levy execution.
B) expropriation.
C) transfer by operation of statute.
D) transfer.
E) reservation.

Question 33

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right has existed since Joseph's great grandfather purchased the property. This means that Jack's property is a

A) severance.
B) right of way.
C) statutory easement.
D) servient tenement.
E) dominant tenement.

Question 34

An interest in land that permits the lessee to remove or extract material from the land is referred to as

A) restrictive covenant.
B) covenant.
C) easement.
D) right of way.
E) profit a prendre.

Question 35

Erin and Oliver own their house as joint tenants. Erin makes a will leaving her interest in the house to her parents; Oliver makes a will leaving his interest in the house to his parents. Erin and Oliver are both killed as a result of a car accident. Erin dies one week before Oliver. Her interest in the house will pass to her parents.

Question 36

Jack buys a farm house. The day after he buys the home he sees Joseph, another farmer going over his property with a pail, towards a nearby stream. Jack is angry that Joseph is walking over his land and he tells Joseph not to do so. Joseph tells him that he has a right to walk over the land to fetch water from the stream. Joseph tells Jack that the right has existed since Joseph's great grandfather purchased the property. This means that Joseph has a right of way.

Question 37

Michael has been in adverse possession of a home for close to 30 years. Assume that the limitation period for adverse possession is 31 years, and a few months to the end of the 30th year the owner returns to the property and demands rent from Michael, which Michael pays. This means that adverse possession has been interrupted and the limitation period will start to run again.

Question 38

The owners of condominiums own the common elements in a condominium development.

Question 39

Michael who lost his job finds an abandoned home in a forest. Every night he creeps into the home and sleeps. In the morning he leaves before the caretaker arrives. If Michael sleeps on the property every night and leaves in the morning, in a few years Michael can claim adverse possession.

Question 40

To seize to hold and sell land in order to realize the amount due under a judgment registered against the owner is to

A) levy sale.
B) levy execution.
C) creditor execution.
D) expropriate the property.
E) foreclosure sale.

Question 41

What is a remainder in the context of land?

Question 42

What is expropriation?

Question 43

What is fee simple?

Question 44

What is a life estate?

Question 45

Explain the concept of nuisance in the context of land.

Question 46

Explain the system of land ownership that has developed from medieval times.

Question 47

Describe the two main classifications of interests in land.

Question 48

What is the difference between a Deeds Registration System and a Land Titles System?

Question 49

Who is a life tenant?

Question 50

What is a reversion?

Question 51

Michael has been in adverse possession of a home for close to 30 years. Assume that the limitation period for adverse possession is 31 years, and a few months to the end of the 30th year the owner returns to the property and demands rent from Michael, which Michael pays. Explain the effect on Michael's adverse possession.

Question 52

Explain the concept of adverse possession and how an owner's title to property may be extinguished by adverse possession.

Question 53

Explain the effect of severance.

Question 54

Explain the distinction between a tenancy in common and a joint tenancy.

Question 55

When is an owner's title to property extinguished?