Deck 22: Interests in Land

Question 1

A riparian owner is a person who owns land

A) adjacent to a natural stream.
B) on both sides of a natural stream.
C) on both sides and underneath a natural stream.
D) above an underground stream.
E) in any of these locations.

Answer 1

E

Question 2

The __________ rests in the selected person on the death of a life tenant.

A) leasehold interest.
B) fee simple.
C) reversion interest.
D) subservient tenement.

Answer 2

C

Question 3

A condominium unit owner has

A) fee simple ownership of a unit, and is a tenant-in-common in the remainder.
B) exclusive ownership of a unit, and is a tenant-in common in the remainder.
C) fee simple ownership of a unit, and is a joint tenant in the remainder.
D) exclusive ownership of a unit, and is a joint tenant in the remainder.

Answer 3

B

Question 4

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

A) Andrew's interest vests in his wife by reason of survivorship.
B) Andrew's interest vests in Antonetta by reason of survivorship.
C) Andrew's interest vests in Antonetta and Sanjiv by reason of survivorship.
D) Andrew's interest vests in his wife and Antonetta by reason of survivorship.
E) None of the responses are correct.

Question 5

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

A) deed.
B) escheat.
C) life estate.
D) tenure.
E) fee simple.

Question 6

The practice of the Crown in Western Canada is to grant land, but reserve unto itself

A) gold and silver rights.
B) all mining rights.
C) riparian water rights.
D) white pine trees.
E) nothing.

Question 7

Common elements in condominium law are

A) a declaration or strata plan.
B) rights of lien for unpaid condominium fees.
C) all areas other than exclusive use areas.
D) rights provided to successors in title.

Question 8

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.

Question 9

Squatters rights are more correctly known as

A) encroachment.
B) adverse possession.
C) trespass.
D) riparian rights.
E) restrictive covenants.

Question 10

A unit owner of a condominium

A) owns one share in the capital of the corporation.
B) owns a given proportion of the shares of the corporation.
C) has a vote, but not a share in the corporation.
D) has a proportion of the votes, but not a share in the corporation.
E) has a proportion of the shares and votes in the corporation.

Question 11

Henry has completed his 21^st year in possession of land under the Registry System which he does not "own." He comes to you for advice; he does not have a lease from the owner. His "interest," such as it is, most specifically, is better than ______________ and less than ____________.

A) fee simple; a freehold
B) an easement; a riparian right
C) a leasehold; a life estate
D) an encroachment; a freehold
E) a life estate; fee simple

Question 12

Which of the following statements are true?

A) A "good chain of title" in the Registry System is 30 years.
B) If B grants land "to C for his life, then to D," D is formally known as the reversioner.
C) Restrictive covenants can only be enforced against a subsequent owner of land if he or she has contractually agreed to the restrictive covenant at the time of purchase.
D) The major, and desirable, feature of tenancy in common is the right of survivorship.
E) None of the responses are true.

Question 13

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?

A) Escheat.
B) Expropriation.
C) Injunction.
D) Specific Performance.
E) Nothing.

Question 14

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 boathouse a few months later, he hired a bulldozer, and pushed the boathouse off the land, and into the lake. The lot owned by Gottlieb is the dominant tenement.

Question 15

Tammy sold a house to Andy for $200,000. Andy breached the contract. The market was falling, and Tammy was only able to sell the house, to another buyer, for $150,000. Tammy sued Andy. What will her remedy be?

A) Specific performance, land is unique.
B) Damages in the amount of $150,000.
C) Damages in the amount of $50,000.
D) Specific performance and $50,000.
E) Specific performance and $150,000.

Question 16

Green owned a cottage lot which had frontage on a lake. He later granted a 5-metre wide right of way to Brown who owned a lot behind Green's property, to enable Brown to reach the lake to launch his power boat. The following year, Brown built a boathouse on the 5-metre wide strip in which to store his boat in the winter months. When Green discovered the boathouse a few months later, he wrote to Brown and requested that it be removed. When Brown refused, Green hired a bulldozer and pushed the boathouse off the land and into the lake. Which of the following statements are not true?

A) Brown was not entitled to build a boathouse on the right of way.
B) Instead of removing the boathouse personally, Green was obliged to have taken legal action against Brown, as Brown had an interest in the lands.
C) Green is the owner of the land subject only to Brown's right of way on the 5-metre strip of property.
D) Brown is liable to Green for the cost of removal of the boathouse.
E) All of the responses are true.

Question 17

How is real property described on the electronic registration system?

A) PIN-Personal Identification Number.
B) PIN-Parcel Identification Number.
C) PIN-Postal Identification Number.
D) MIN-Municipal Identification Number.
E) TIN-Tax Identification Number.

Question 18

To exit to the street, a third-floor condominium owner is most likely to have

A) a right of way of necessity.
B) an express easement.
C) a dominant tenement.
D) a prescriptive right of easement.

Question 19

The condominium corporation is responsible on its own for all of the following, except

A) creating a scheme regulating the use of the common elements.
B) creating a scheme regulating the winding up of the condominium.
C) creating a scheme regulating the assessment and collection of common expense contributions.
D) exercising a right of lien, if necessary.
E) maintenance and repair of common elements.

Question 20

Which statements accurately reflect characteristics of the Registry System

A) a title search of 40 years is required to determine what claims exist against the property.
B) the certificate of title is proof of title.
C) the land titles office guarantees the validity of all documents affecting the title.
D) Is in effect in regions of the country that were settled at a later date.
E) Only applies to the surface title and not the sub-surface title.

Question 21

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.

Question 22

A residential water heater, rented from an electric or water utility, is a fixture in law.

Question 23

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

Question 24

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 Gottlieb is the servient tenement.

Question 25

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.

Question 26

A lease of 21 years where the tenant acts as an owner will create a claim of adverse possession for the tenant. For this reason, no single lease is permitted for a period greater than 20 years.

Question 27

The Crown ultimately holds all land in Canada and ownership by people is a mere form of tenancy.

Question 28

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. Baxter was not entitled to build a boathouse on the right of way.

Question 29

Only an adjoining landowner may enforce a restrictive covenant on the use of a neighbour's land.

Question 30

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. Crader acquired Whiteacre in fee simple under Brady's will.

Question 31

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.

Question 32

Where the roof of one person's home overhangs the lot line of the property of another person, a situation of possessory nuisance has been created.

Question 33

An estate in fee simple may not be sold by a person who holds a life estate.

Question 34

A life estate may not be reserved by a vendor who sells land in fee simple.

Question 35

A person who crosses another's land which surrounds his own may be said to have a prescriptive right of covenant.

Question 36

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. Drucker is not free to charge or dispose of any part of Blackacre without Evans' consent.

Question 37

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. Evans is not entitled to possession of Blackacre until Drucker's death.

Question 38

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. Gottlieb was entitled to take legal action against Baxter to have the boathouse removed.

Question 39

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. Evans is called a remainderman.

Question 40

A residential water heater is a fixture in law.

Question 41

Two distinct systems of registration of land interests exist in Canada, the Registry System and the Land Titles System.

Question 42

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.

Question 43

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

Question 44

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

Question 45

Colin operated an apartment building in which he had installed dishwashers in the kitchen cabinets. The dishwashers were attached by a flexible plastic hose to the copper plumbing system of the apartment and were plugged into the wall electrical wiring by means of a normal socket. As an express term of Colin's mortgage, all appliances in the apartments were considered to be fixtures. Colin soon ran into financial difficulties in his operation and found himself pressed by his creditors. The holder of the mortgage foreclosed on the building, and the local hydro utility obtained a judgment against Colin. The hydro company seized upon the appliances of the building, including among them, the dishwashers. The mortgage holder brought an action to recover the property and appliances, including the dishwashers. Discuss the issues raised with respect to fixtures, treating the situation of the dishwashers as well as other appliances. Discuss the issues that both creditors may raise in their argument and explain why the mortgage holder should not simply limit his argument to the provisions of the mortgage. Render a decision.

Question 46

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 that the restrictive covenant be struck out, voided 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.
D.L.R. (Ont. H.C.)
Re Drummond Wren, [1945] 4
D.L.R. 674 (not followed).

Question 47

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

Question 48

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.

Question 49

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.

Question 50

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

Question 51

Discuss the rights and duties associated with being the owner of land adjacent to a watercourse.

Question 52

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.

Question 53

The feudal notion of "escheat to the Crown" has no modern day counterpart.