Deck 14: Real Property: Interests and Leases

Question 1

Téa and David are co-tenants of Blackacre.There are no other co-tenants.Blackacre has been leased to the Bland Corp for $50 000.That profit does not necessarily have to be split equally between Téa and David.

Answer 1

True

Question 2

One difference between an easement and a licence is that an easement must be an interest in land, while a license is not be an interest in land.

Answer 2

True

Question 3

Although the right of distress is often important in commercial leases, it generally is not available under residential tenancies.

Answer 3

True

Question 4

There is an important similarity between a mineral lease and a profit à prendre.In neither case does the person who holds the interest have an automatic right to the subject matter of the interest (such as the minerals in a mineral lease).

Question 5

Kiana owned the fee simple in a piece of land called Blackacre.She entered into an agreement to create a lease with Brian that was to last for "99 years or until I get married." That lease satisfies the requirement regarding the duration of a lease.

Question 6

Akhenaten has the fee simple in a piece of land called Blackacre.This means that he

A)is, in a technical sense, the absolute owner of the property.
B)acquired Blackacre directly from the government through a Crown grant.
C)paid sufficient consideration when he purchased Blackacre.
D)is entitled to occupy Blackacre even if he creates a life estate in favour of someone else.
E)is entitled to possess it for an indefinite time.

Question 7

The right of expropriation allows the government, for emergency purposes only, to take a piece of land from a person without payment.

Question 8

Dulcy has an estate in a piece of land called Blackacre.She currently has the exclusive right to occupy Blackacre.That does not necessarily mean that she is the holder of a fee simple.

Question 9

Land is called "real" property

A)because it is impossible to fake the existence of land.
B)after the word "res," which means "thing" in Latin.
C)because the usual remedy for a trespass to land is compensation, which provides the plaintiff with an effective remedy.
D)after the word "reus," which means "action" in Latin.
E)after the word "real," which means "royal" in Latin.

Question 10

In the context of an easement or a restrictive covenant, the servient tenement is the property that is beneficially served by the easement or restrictive covenant.

Question 11

As a general rule, the common areas in a condominium complex are held under co-tenancy, rather than joint tenancy, by all of the owners of the individual units.

Question 12

Selina owned a large piece of land called Blackacre.She sold the west half to Arvid and the east half to Geoff.Geoff and Arvid therefore share ownership of Blackacre as either joint tenants or co-tenants.

Question 13

Midori has an "estate" in a piece of land called Blackacre.As described in the text, that term indicates that she

A)may have either a fee simple or a life estate, but not a lease.
B)may have a fee simple but not a life estate or a lease.
C)may have a life estate, a reversion, or a remainder, but not a fee simple.
D)may have a fee simple, a life estate, or a lease.
E)acquired Blackacre through a contract of purchase and sale.

Question 14

Malia owns the fee simple in a piece of land called Blackacre.She wants to create a life estate in favour of Gordon.However, she also wants to ensure that the duration of that life estate is measured by her own life rather than Gordon's life.She is entitled to do so.

Question 15

Benjiro has an "estate" in a piece of land called Blackacre.As described in the text, that term indicates that he

A)inherited Blackacre from his father.
B)has the right to determine who will acquire the property after he dies.
C)enjoys the right to exclusive possession for some period of time.
D)is a lawyer.
E)must hold the reversionary interest in connection with a life estate.

Question 16

Rio bought a piece of land from Bill.Although she now owns that property, the doctrine of privity of contract means that Bill is the only person against whom she can enforce her property rights.

Question 17

Aaliyah owned a piece of land that she rented to Rudy under a commercial lease.Because Rudy consistently failed to pay the rent, Aaliyah exercised the right of distress.That means that she placed Rudy under pressure, or "in distress," by changing the locks on the premises as a way of encouraging him to pay the rent.

Question 18

Sofia owned the fee simple in a piece of land called Blackacre.She purported to create a contract for a commercial lease in favour of Roman.That agreement said that Roman was required to pay a "reasonable amount" in rent.A lease has not actually been created because the price must be stated with more precision.

Question 19

A sublease does not have to contain exactly the same terms as the head lease.

Question 20

The "giant carrot theory" is used to describe

A)the fact that the owner of a piece of land is entitled to any profits made on that land.
B)the fact that a person who owns a profit à prendre is allowed to harvest natural products from a piece of land.
C)a theory that is used in civil law systems, such as Quebec, but that has never been recognized in the common law.
D)the manner in which profits are divided between co-tenants.
E)the fact that, in theory, a person who owns a piece of land has rights from the centre of the Earth and up through the heavens.

Question 21

Jaron and Golda plan to acquire shared ownership in a piece of land called Blackacre.Which of the following statements is TRUE?

A)They should entirely avoid shared ownership if they are opposed to the concept of survivorship.
B)They can be joint tenants even if they acquire individual ownership over separate halves of Blackacre.
C)They may be tenants in common even if Jaron receives a 75 percent undivided share in Blackacre.
D)They should probably acquire Blackacre as joint tenants if they intend to use it for business purposes.
E)If they become joint tenants, they cannot later decide to become co-tenants instead.

Question 22

Angus and Kirsty have some form of ownership in separate units within a condominium complex.Which of the following statements is TRUE?

A)The concept of "flying fees" describes the fact that Angus and Kirsty must contribute to a fund that is used by their condominium corporation.
B)Angus and Kirsty must be joint tenants, along with the owners of the other condominium units.
C)Angus and Kirsty must live in a building that is at least five stories high.
D)Angus and Kirsty can vote for directors for the condominium corporation only if they buy separate shares in that corporation.
E)Angus and Kirsty may both be joint tenants with other people.

Question 23

Chinthaka, Karissa, and Dora are "joint tenants" of a piece of land called Blackacre.As explained in the text, that must mean that

A)they each pay an equal amount of rent to their landlord.
B)they have a right of survivorship.
C)if Karissa dies first, her interest will be acquired by either Chinthaka or Dora, depending upon which party is named in Karissa's will.
D)they are all related.
E)each person has the right to exclude the other two from at least one section of Blackacre.

Question 24

Which of the following statements is TRUE with respect to a condominium?
A.The word "condominium" is derived from two Latin words meaning "tricked" ("con") and "control" ("dominium"), because the member of a condominium complex appears to own more than they really do.
B.The various areas contained in a condominium complex are usually split between life estates and common tenancies.
C.The individual units in a condominium complex are owned by the condominium corporation.
D.The expenses associated with running a condominium complex are funded by an assessment on the owners of the units that is imposed by the condominium corporation.
E.In most jurisdictions, the individual units within a condominium complex must be used for residential purposes.

Question 25

Bhagiratha has the fee simple in a piece of land called Blackacre.She is about to create two new interests in that property.Gallahad will receive a life estate.Adeline will receive the remainder.Which of the following statements is TRUE?

A)The doctrine of waste will impose an onerous obligation on Adeline.
B)Bhagiratha will eventually receive the reversion.
C)Adeline will never receive possession of Blackacre if Bhagiratha dies before Gallahad.
D)Gallahad will receive an estate in Blackacre.
E)Adeline and Gallahad must be related.

Question 26

Darius rented a commercial building to Kylie under a monthly periodic tenancy.The lease took effect on June 1.As soon as Kylie took possession of the building on that day, she realized that she would be happier elsewhere.Consequently, she gave notice to quit on June 1.Assuming that the general rules apply, which of the following statements is TRUE?

A)Kylie must pay rent for June and July.
B)If Kylie stays in the premises during July, she will be a trespasser.
C)If Kylie stays in the premises for June, she will do so under a tenancy at sufferance.
D)Kylie has breached the contract and Darius therefore has the right to evict her immediately.
E)Kylie merely has to provide one week's notice to quit.

Question 27

Itzhak and Eleni are joint tenants of a piece of land called Blackacre.Which of the following statements is TRUE?

A)If Itzhak and Eleni grant a lease to Damian, then he will join them in a joint tenancy.
B)Although their shares are undivided, Itzhak may own a 60 percent interest in the joint tenancy.
C)If Eleni sells half of her interest to Eduardo, then there will be a joint tenancy between Eleni and Eduardo, but a tenancy in common between Eduardo, Eleni, and Itzhak.
D)If Itzhak dies and his widow inherits his interest in Blackacre, then Eleni and the widow will own the property as joint tenants.
E)If Itzhak sells his interest to Rosie, Rosie and Eleni will be co-tenants of Blackacre.

Question 28

Pedrag has the fee simple in a piece of property called Blackacre.Trish acquired a profit à prendre with respect to the annual crop of canola that grows on Blackacre.That interest will last for five years.Which of the following statements is TRUE?

A)The term "profit à prendre" is derived from words that mean "profit from" ("profit à") and "hard work" ("prendre") in French.
B)Trish almost certainly acquired her interest from the Crown, rather than Pedrag.
C)A profit à prendre is a type of mineral lease.
D)Trish owns the canola crop that grows every year, even before she actually harvests it.
E)Trish may hold the profit à prendre even if she does not have title to a dominant tenement.

Question 29

Which of the following statements is TRUE with respect to "reversions" and "remainders," as those terms were discussed in the text?

A)The doctrine of waste imposes an obligation on a person who has either a reversion or a remainder.
B)A remainder is used only if one life estate is followed by another life estate.
C)If a life estate is followed by a reversion, the right to sue for waste belongs to the person who created the life estate.
D)Reversions and remainders are far more common in a business context than in a family context.
E)A reversionary interest exists only if a person has paid to buy back a piece of land that he or she previously sold.

Question 30

Jamilah and Corbin share ownership of a piece of land called Blackacre.A profit of $5000 was obtained when blueberries were harvested from Blackacre.Which of the following statements is TRUE?

A)If Jamilah and Corbin are joint tenants, they must each receive $2500 from the blueberry harvest.
B)If Jamilah and Corbin are co-tenants, they must each receive $2500 from the blueberry harvest.
C)Even if Jamilah and Corbin are joint tenants, one of them may have the exclusive right to $5000 from the blueberry harvest.
D)Unless there is a contract to the contrary, the $5000 profit from the blueberry harvest belongs to the person from whom Jamilah and Corbin acquired their interests in Blackacre.
E)The profits from the blueberry harvest belong to either Jamilah or Corbin, depending upon which party individually owned the section of Blackacre that contained the blueberry patch.

Question 31

Bogdan has the fee simple in a piece of land called Blackacre, which is located in a remote forest.He has not visited it in nearly 25 years.Tina claims that she has acquired a property interest in Blackacre as a result of the process of "prescription." Louise claims that she has acquired a property interest in Blackacre as a result of the process of "adverse possession." Which of the following statements is TRUE, assuming that the terms "prescription" and "adverse possession" are used in the same sense that they appear in the text?

A)Tina claims that she is entitled to a restrictive covenant.
B)Tina claims that she is entitled to an estate.
C)Louise claims that she is entitled to an easement.
D)Louise claims that she is entitled to an estate.
E)Louise's claim is valid only if she previously held a lease over Blackacre.

Question 32

Kuan-yin rented a commercial property to Roger for one month.Which of the following statements is TRUE?

A)The lease may be for either a fixed term or an indefinite duration.
B)Roger may be liable to pay rent even if the lease did not specify the monthly price.
C)If the lease is a periodic tenancy, it will expire at the end of one month unless either Kuan-yin or Roger provides notice to renew.
D)The parties must set the minimum term of the lease, but they may leave the maximum term open-ended.
E)If the lease is a fixed-term tenancy, it will automatically be renewed at the end of one month unless either Kuan-yin or Roger provides notice to quit.

Question 33

Ganesh and Madonna own neighbouring pieces of land.One of those parties owns Blackacre and the other owns Whiteacre.Ganesh has a property interest that allows him to drain his reservoir into Madonna's field once a year and prohibits Madonna from erecting any impediment to the drainage ditch.Which of the following statements must be TRUE?

A)Ganesh probably enjoys the benefit of a restrictive covenant.
B)Ganesh must have personally paid for the right to drain his reservoir into Madonna's field.
C)Madonna has granted a lease to Ganesh.
D)If Whiteacre is the servient tenement, then it must belong to Madonna.
E)Madonna has granted a licence to Ganesh.

Question 34

Qadir has the fee simple to a piece of land called Blackacre.Patricia wants to acquire an interest in that property.Which of the following statements is TRUE?

A)Patricia's interest in Blackacre necessarily will last for a shorter period of time if she acquires a lease rather than the fee simple.
B)Patricia's interest in Blackacre necessarily will last for a shorter period of time if she acquires a lease rather than a life estate.
C)Patricia's interest in Blackacre necessarily will last for a shorter period of time if she acquires a life estate rather than a lease.
D)At least initially, Qadir will retain an interest in Blackacre if Patricia receives a lease or a life estate, but not if she receives the fee simple.
E)At least initially, Qadir will be liable for waste if Patricia receives a lease of a life estate, but not if she receives the fee simple.

Question 35

Bart leased a piece of land called Blackacre to Aida for two years.Which of the following statements is TRUE?

A)Bart and Aida both have estates in Blackacre.
B)Aida is the landlord.
C)Aida has a non-possessory interest in Blackacre.
D)The lease is void unless it is evidenced in writing.
E)Bart must have the fee simple in Blackacre.

Question 36

Ashoka has the fee simple in a piece of land called Blackacre.Blackacre is about to be expropriated.This means that

A)Ashoka has voluntarily agreed to sell his land to his neighbour.
B)Ashoka has died, leaving a will that gives Blackacre to his eldest son.
C)the government will take Blackacre from Ashoka in exchange for the payment of a fair price.
D)Ashoka is about to renovate the buildings that are located on Blackacre.
E)Ashoka is about to legally divide Blackacre into two separate properties, probably for the purpose of commercially developing them.

Question 37

Ace and Loretta were neighbours.He owned Blackacre and she owned Whiteacre.They purportedly created a restrictive covenant under which she promised that she would not build a pool in her backyard, and that she would prune her trees on an annual basis.Loretta sold Whiteacre to Moira.Moira wants to build a pool in her backyard and she refuses to prune her trees.Which of the following statements is TRUE?

A)Because a restrictive covenant runs with the land, Moira cannot build a pool and must prune her trees.
B)Moira is bound by the restrictive covenant, at least in part, even if she did not have any way of knowing about it when she bought Whiteacre from Loretta.
C)Moira may be prohibited from building a pool, but she cannot be required to prune her trees.
D)Ace cannot possibly enforce the restrictive covenant against Moira because she was not a party to the contract that created the restrictive covenant.
E)Ace can enforce the restrictive covenant against Moira only if he provided consideration to her after she purchased Whiteacre from Loretta.

Question 38

Janet and Tad were neighbours.She owned Whiteacre and he owned Blackacre.They created a restrictive covenant that prohibited Tad from building a fence around his property.Janet gave Whiteacre to Helene as a gift.Tad gave Blackacre to Bentley as a gift.Which of the following statements is TRUE?

A)Bentley can be prohibited from building a fence around Blackacre only if he knew of the restrictive covenant when he acquired Blackacre.
B)Helene can enforce the restrictive covenant as long as she knew of the restrictive covenant when she acquired Whiteacre.
C)The restrictive covenant is valid only if it was notarized by a member of the law society.
D)There is no possibility of enforcement because a restrictive covenant must deal with benefits rather than burdens.
E)When the restrictive covenant was created, Janet owned the dominant tenement and Tad owned the servient tenement.

Question 39

Teppo has the fee simple to a piece of land called Blackacre.Laila has a mineral lease that allows her to extract oil from beneath Blackacre.Which of the following statements is TRUE?

A)Since the courts no longer apply the "giant carrot theory," Laila did not really need a lease in order to legally extract oil from beneath Blackacre.
B)Laila probably acquired her lease from the Crown.
C)Teppo can prevent Laila from extracting oil from beneath Blackacre unless he already held the fee simple when she first acquired her lease.
D)Laila owns the oil in question even if she has not yet built an oil well.
E)A mineral lease cannot apply to oil, which is not a mineral.

Question 40

Which of the following statements is TRUE?

A)An easement and a licence are both non-possessory interests in land.
B)A restrictive covenant is a non-possessory interest in land.
C)An easement and a restrictive covenant are possessory interests in land, but a licence is not.
D)An easement is a non-possessory interest in land, but a profit à prendre is not.
E)An easement, a licence, and a restrictive covenant all require the existence of dominant and servient tenements.

Question 41

Winifred and Randolph jointly owned a piece of land.Because they were unable to agree on how to use that property, they went to court.The judge ordered the land to be sold and split the profits between the parties.The judge used a process known as

A)severance.
B)partition.
C)particularization.
D)foreclosure.
E)de facto division.

Question 42

Which of the following statements is TRUE?

A)The common law refuses to recognize non-possessory interests in land.
B)True property rights can only be acquired through contract.
C)Land cannot be expropriated if it is subject to a fee simple.
D)A fixed-term tenancy can be terminated only through a notice to quit.
E)As a general rule, a person who holds a life estate has no obligation to spend money to keep the property in good condition but has an obligation to prevent waste.

Question 43

The word "condominium"

A)is derived from Latin words meaning "joint control."
B)refers to any situation in which a dwelling unit is not directly connected to the land.
C)translates from Latin words meaning "(high) price" and "(small) space."
D)refers to any situation in which a piece of land is owned by two or more people.
E)is taken from a Latin phrase meaning "little power."

Question 44

Matthew, Mark, Luke, and John are four brothers.They equally share ownership of a piece of land.Each brother holds an undivided quarter interest.The first three brothers inherited their interests in the land from their father.John acquired his interest by buying it from his sister, Mary.Which of the following statements is TRUE?

A)If John dies first, his interest must automatically pass to Matthew, Mark, and Luke.
B)If Mark earns $8000 in profits by selling wheat that was grown on the land, Mark, Luke, and John are legally entitled to share in that money.
C)Each brother is entitled by law to exclusive possession of one quarter of the entire property.
D)All four brothers are joint tenants.
E)Matthew may be a joint tenant with respect to Mark, but a co-tenant with respect to John.

Question 45

Angelo owned a small house.Last year, on the first day of June, he sold the property to a newly-married couple.Angelo agreed that the couple would take possession at the beginning of July.The parties also agreed, however, that Angelo would be entitled to stay in the house until he found a new place to live.The couple assumed that they would have to share the space with Angelo for a couple of weeks at most.In fact, Angelo has now been in the house with the newlyweds for more than a year.The young couple are understandably annoyed.The house is small and privacy is hard to find.They consequently have told Angelo to leave on countless occasions.He, however, enjoys their company and would prefer to stay.Which of the following statements is most likely to be TRUE?

A)Angelo's periodic tenancy has become a tenancy at will.
B)Angelo's tenancy at will has become a tenancy at sufferance.
C)Angelo's tenancy at sufferance has become a tenancy at will.
D)Angelo's fixed term tenancy has become a tenancy at sufferance.
E)Angelo's tenancy at sufferance remains a tenancy at sufferance.

Question 46

Land is sometimes called "real property" because

A)it is really more important than personal property.
B)traditionally, it was the real source of most wealth in England.
C)the owner can recover the land itself, rather than its monetary value, if someone wrongfully occupies it.
D)as a matter of reality, land was more valuable than anything else to the King of England.
E)it lasts forever and therefore reflects the reality and permanence of the world.

Question 47

Lewis held a lease to land in the countryside.Because he works in the city and seldom has a chance to visit the countryside, he assigned his interest to his sister, Carol.Unfortunately, times were tight for Carol, and after four months, she failed to pay the rent.The landlord has demanded relief from Lewis.In this situation, Lewis

A)must pay the landlord because he is liable for his assignee's actions.
B)must pay the landlord because Carol is related to him by blood.
C)is not required to pay anything to the landlord because an assignment requires the assignee to absolutely take over all of the assignor's rights and obligations.
D)cannot be compelled to pay the landlord unless and until Carol has been in default of her obligations for at least six months.
E)must choose between signing a new lease or paying assignment damages.

Question 48

Jack shares a joint tenancy with three friends named Lily, Petunia, and Rose.All four live in the same house on the property.After being accepted into a school on the other side of the country, Jack wants to sell his property rights to a fourth friend, named Daisy.In this case, Daisy will

A)receive the same rights as Lily, Petunia, and Rose, but cannot live in the house.
B)receive all of Jack's property rights in addition to her own, making her the tenant with the most rights.
C)receive all of the rights that Jack possessed, including the right of survivorship.
D)not be able to buy Jack's rights because an interest under a joint tenancy cannot be sold.
E)receive property rights from Jack, but will become a tenant in common to Lily, Petunia, and Rose.

Question 49

Shortly before he died, Walter drafted a will to make sure that the appropriate people enjoyed Bearsclaw, the name of his cabin in the mountains.At the time of Walter's death, his brother Herman was married to Stella.Stella also owned a cabin in the mountains, which she let Herman use.As Walter knew, however, Stella intended that after she died, her cabin would pass to her cousin.Walter's will therefore said that Bearsclaw would go to his sister, Maria, until Stella died.When Stella died, Bearsclaw would go to Herman.Which of the following can be said with respect to Bearsclaw after Walter died?

A)Herman held a reversion.
B)Stella enjoys a life estate.
C)Maria held a remainder.
D)Herman held a remainder.
E)Maria held a reversion.

Question 50

Sarah has owned a fee simple estate for more than 15 years.She has lived on the property the whole time and she has never created an interest in favour of another person.She received a letter in the mail stating that the government is expropriating her land and asking her to vacate within a specified time.Sarah

A)is entitled to remain on her land despite the government request.
B)is entitled to a minimum compensation of $250 000.
C)has no right to retain the land despite owning the fee simple.
D)will be forced to leave her land, but may take as long as she sees fit.
E)is protected by the Charter of Rights and Freedoms, so the government cannot expropriate her land.

Question 51

The word "intestacy" refers to

A)the "heart" or "guts" of a case.
B)a Latin phrase that means a "test" or "battle."
C)a situation in which a person died without making a will.
D)the "interests" that a person receives under a will.
E)a situation in which a husband kills his wife.

Question 52

As explained in the text, the word "dower" refers to

A)an unmarried woman.
B)the sense of joy one feels upon being married.
C)property that a woman was historically entitled to receive when her husband died.
D)an arranged marriage.
E)joint ownership of a piece of land by a husband and wife.

Question 53

Which of the following statements is TRUE?

A)Ownership of land generally does not include ownership of things attached to the land.
B)A building scheme can be used to create easements but not restrictive covenants.
C)To say that an easement runs with the land means that the easement applies to the entire property rather than just a part of it.
D)The concept of "prescription," as explained in Chapter 14, refers to the fact that the owner of a life estate must avoid acts of waste.
E)The Crown ultimately owns every piece of land in Canada.

Question 54

Brynn owns a large parcel of land.She sold a small section of that property, called Westworld, to Yul.As the name suggests, Westworld was located on the far western corner of Brynn's land.It is nearly one kilometer from the nearest highway, which lies to the north.To access that highway, Yul must travel north across Brynn's property.When he recently did so, Brynn has accused him of trespassing.Yul should argue that

A)because he purchased part of Brynn's farmland, he is entitled to use whatever part he chooses.
B)he is entitled to cross Brynn's land because he holds an implied easement.
C)he is entitled to cross Brynn's land because he holds an express easement.
D)he is entitled to cross Brynn's land because he holds a restrictive covenant.
E)because he has a contractual relationship with Brynn, he is entitled to trespass on any part of her property as long as he pays for any damage that he causes.

Question 55

Ansell rented a commercial property to Eleanor for a five-year term.After two years, she decided that she no longer needed the premises.Her friend, Kiki, however, is eager to use the premises for three years.Which of the following statements is TRUE?

A)If the lease is assigned, Eleanor may still be liable to Ansell if Kiki does not pay the rent.
B)If a sublease is created, Eleanor's obligations to Ansell will be automatically terminated.
C)If the lease does not address the issue of assignment, then Ansell has the right to prevent Eleanor from assigning her interest to Kiki.
D)If Eleanor wants to use the premises during the fifth year of the lease, she can assign her rights pertaining to the third and fourth years to Kiki.
E)Because the relevant period is three years or less, Ansell cannot prevent an assignment even if the original lease requires the landlord's permission for an assignment.

Question 56

Monique inherited a life estate in a piece of land called Noiracre.After she died, the land would pass to her brother, Pierre.Monique has largely ignored the property since she acquired it.The house that is located on Noiracre consequently has become badly run down and in urgent need of repair.Indeed, the only thing that Monique has really done to the land is cut down an historic growth of oak trees.Which of the following statements is TRUE?

A)Monique committed an act of waste by failing to keep the house in good repair.
B)Monique committed an act of waste by cutting down the oak trees which she was entitled to do.
C)Pierre holds the reversionary interest in Noiracre.
D)Because Pierre is not yet entitled to occupy the land, he cannot successfully complain about any act of waste.
E)Monique's interest is best described as a remainder interest, because it was remained in the estate of the person from whom she inherited it.

Question 57

Belinda and Peter own neighbouring pieces of land.Peter's property is accessible from the highway only by driving across Belinda's land.Peter has acquired a legal right to drive across Belinda's land as a result of doing so for many years.Peter therefore benefits from the legal concept of

A)adverse possession.
B)habitual trespass.
C)prescription.
D)res ipsa loquitur.
E)malum in se.

Question 58

Which of the following statements is TRUE?

A)A commercial lease is always granted to a corporation and a residential lease is always granted to an individual.
B)If the duration of a lease is three years or less, the parties must set a specific rent at the outset, and that amount cannot be altered during the term of the lease.
C)The covenant for quiet possession may apply even if both parties are deaf.
D)The right of distress is used more often for residential leases than for commercial leases.
E)If a residential tenant commits a breach of contract, the landlord is not expected to mitigate its losses.

Question 59

Which of the following statements is TRUE?

A)A tenancy at will usually has a fixed duration of one month.
B)A tenancy at sufferance does not require a contractual agreement of any sort between the parties.
C)The usual notice period for a tenancy at sufferance is one week.
D)A specific amount of money, technically known as "rent," must be paid under every type of lease, including a periodic tenancy, a tenancy at will, and a tenancy at sufferance.
E)If land is subject to a life estate, then a lease may be granted by the person who owns the remainder or the reversion, but not the person who owns the life estate itself.

Question 60

Juan owns a piece of land.Yolanda enjoys a profit à prendre with respect to Juan's land.This must mean that

A)Juan has a life estate.
B)Yolanda is allowed to travel across Juan's land in order to reach a neighbouring property.
C)Juan's property is part of a condominium.
D)Yolanda is entitled to share in the money that Juan receives after selling his property.
E)Yolanda has a right to take something from Juan's land.

Question 61

Danica rented a commercial property to Goran.Goran now claims relief from forfeiture.On the basis of the materials discussed in the text, explain the circumstances that most likely have led to Goran's claim.

Question 62

Kimiko has the fee simple to a piece of land called Blackacre.It is sometimes said that "with rights, comes responsibility." Explain an important set of obligations that Kimiko owes to other members of the community as a result of her ownership of Blackacre, and that may result in her being held liable in damages.

Question 63

Explain the important differences between the assignment of a lease and the creation of a sublease.

Question 64

"A court has found that Xhosa committed an act of waste." What does that statement mean? When will a person be prohibited from committing an act of waste?

Question 65

What is the difference between a reversion and a remainder? When will each type of interest arise?

Question 66

Identify and briefly explain three ways in which a true easement can be created.Are all three methods available in all of Canada's common law jurisdictions? Explain your answer.

Question 67

Clyde has applied to a court for an order for partition.Assuming that that application will be successful, what type of property interest might he currently enjoy? What will be the effect when the court grants an order for partition?

Question 68

Omar, an elderly bachelor, has the fee simple to a piece of land called Blackacre.He was recently told, however, that ultimately he may not fully own that property.Is that statement correct? How does your answer affect Omar's ability to exploit the contents of the ground beneath Blackacre while he is alive? How does it affect the possible ownership of Blackacre after Omar dies?

Question 69

Dafyyd, Enid, and Gwyneth share ownership of a piece of land called Blackacre.Evan has a five-year lease that allows him to occupy Blackacre.He pays an annual rent of $60 000.On what basis will that money be divided among Dafyyd, Enid, and Gwyneth? What if they are joint tenants? What if they are co-tenants?

Question 70

Takeo sold a piece of land called Blackacre to Suzette.Explain the personal rights and the property rights that arose as a result of that contract.Against whom can those rights be enforced?

Question 71

Explain the difference between a possessory interest in land and a non-possessory interest in land.Provide three examples of each.Provide an example of a property interest that combines a possessory element with a non-possessory element.

Question 72

Why is land sometimes called "real property"? In terms of the enforcement of legal rights, how is real property treated differently than other forms of property?

Question 73

Explain the concept of "expropriation."

Question 74

Annalie recently acquired a piece of land called Blackacre, which was already subject to a restrictive covenant.Her lawyer subsequently asked her whether or not she purchased Blackacre.With respect to the restrictive covenant, why is her answer to that question important?

Question 75

Franco and Magda have experienced a changing relationship.He has the fee simple to a piece of land called Blackacre.She was initially a tenant under a periodic tenancy.She then occupied Blackacre under a tenancy at will.And now she occupies the property under a tenancy at sufferance.Explain the most likely means by which the nature of the parties' tenancy changed.