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

Question 1

If a person habitually crosses property over a number of years with permission of the owner,he can,in some provinces,acquire a right to cross that property even though there has been no actual documented grant of such a right.Acquiring such a right is this manner is called

A)adverse possession.
B)profit a prendre.
C)an easement by prescription.
D)a dominant tenement.
E)an estate in land.

Answer 1

C

Question 2

With regard to real property law,which one of the following is true?

A)If the fee simple is conveyed to Mr.and Mrs.So and there is no indication of the nature of their co-ownership,they take the land as joint tenants.
B)A life estate is an interest in land that necessarily ends when the life of the grantor ends.
C)An interest in land less than an estate (e.g.,an easement)gives its owner exclusive possession of that property for some period of time.
D)If one co-owner wants to sell but the other won't consent to the sale,the first one may be able to get a court order to sell the property.
E)If a father cuts his family out of his will and leaves the property to someone else,there is no legal recourse for the family; i.e.,the property is his to dispose of entirely as he wishes.

Answer 2

D

Question 3

Which of the following is false with regard to condominiums and cooperatives?

A)The owner of a condominium has a fee simple interest in his unit within the condominium structure.
B)The owner of a condominium owns a share in the common areas.
C)The owner of a condominium can be forced to pay a fee levied by the condominium association governing the condominium.
D)The owner of a condominium can mortgage his interest.
E)An owner of a cooperative,like the owner of a condominium,has a real property interest in the suite.

Answer 3

E

Question 4

In 2005,Jonah sold a building to his two married sons: Bert and Charles.In 2015,Charles was thinking of severing the joint tenancy,but before anything was said or done,Charles and Bert both drowned in a boating accident.Charles died immediately,but Bert died two months later,never having regained consciousness.Charles had willed his interest in the property to his wife and Bert had willed his to his son.On these facts,which of the following is false?

A)As soon as they made the wills,the parties became tenants in common.
B)Charles' wife and Bert's son are now tenants in common.
C)Charles' wife and Bert's son are now joint tenants.
D)Bert's son is entitled to the whole property.
E)Charles' wife is entitled to the whole property.

Question 5

Zack,Virgil,and Craig have been friends for several years and are all worried about the alarming rise in land prices.They want to go in together and buy a four-acre parcel of land in the country.There is a small cabin on it.They hope that the land value will appreciate,and they want to sell it in a few years to help finance a house of their own.Read each of the following separately and indicate which is true with regard to their ownership of this property.

A)If they do not indicate on the transfer documents the nature of the co-ownership,the law presumes they will be joint tenants.
B)In Canada,in strict legal terms,the only owner of land is the Crown,and if they buy land free and clear,they are only getting a life estate.
C)Ownership of the fee simple does not guarantee their right to everything below the surface of their property.
D)If they buy the land and do not take possession,in some provinces they could lose their right to claim possession and their rights become a fee simple estate.
E)Ownership of the property entitles them not only to the surface of the earth between the boundaries,but also to the infinite airspace above and everything below the surface of their property.

Question 6

With regard to interests in land,which one of the following statements is true?

A)An easement in land is characterized by giving the owner of the estate exclusive possession of that property for some time.
B)The interest in land referred to as the "life estate" is not outright ownership but is the greatest "bundle" of rights in relation to that land that the owner can have.
C)If the fee simple is conveyed to "Mr.Bill and Mr.Phaster" without indicating the nature of their co-ownership,they take the land as joint tenants.
D)If a joint tenant severs the joint tenancy,he can then will his interest in the land to whomever he chooses,and on his death the person named will take his interest.
E)A joint tenant can sever the joint tenancy by bequeathing in his will his interest in the property to a third person.

Question 7

Which of the following is the correct definition of a chattel?

A)A chattel is a name used to describe the land registration system in place in the Western provinces.
B)Chattel is an intangible form of personal property,such as a debt or claim.
C)Chattel refers to intellectual property such as patents and copyrights.
D)Chattel is the term used to describe tangible personal property or movables.
E)The term chattel is the broad term used to describe any kind of property interest.

Question 8

Jack and Joan got married.It was the second marriage for both of them,and each brought one teenaged child into the marriage.They bought a house in Regina as joint tenants.They worked very hard to create a loving home,but when the children had disputes,it always affected the relationship between Jack and Joan because of the loyalty to their own child.Joan now thinks that it was a mistake to buy the house as joint tenants and wants her share in the house to go to her child in the event of her death.Which of the following will bring about such a change?

A)Jack and Joan cannot sever the joint tenancy.
B)Joan could have a will drawn up by which her share in the house would be left to her child.
C)Joan could purchase an option agreement to lease her interest in the house to herself.
D)Joan could lease her interest in the house.
E)Joan could sell her interest in her house to her uncle and have him sell it back to her.

Question 9

An option agreement is

A)a contract transferring the fee simple to a new owner.
B)a contract by which the offeror of property promises to hold his offer open for a period of time during which the offeree can accept the offer and the property can't be sold to another.
C)a contract by which an offeree promises to buy the property offered at a later date set in the contract.
D)a contract that provides that a seller will retain the title in the property until the buyer has made all of the required payments.
E)a contract that provides that a debtor will transfer title in the property to a creditor as security for repayment of the debt.

Question 10

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.

A)Lisa will get his interest in the duplex and Max will get the interest in the Lethbridge lot,just as the will said.
B)Bev will get both properties because she and Eric co-owned them both.
C)Bev will get Eric's interest in the duplex but Max will take Eric's interest in the Lethbridge lot.
D)Bev will get Eric's interest in the Lethbridge lot but Lisa will get his interest in the duplex.
E)Max will get Eric's interest in both properties as the oldest son.

Question 11

Which of the following is not considered personal property in legal terms?

A)Intangible property or chose in action
B)A claim against someone that has value
C)Intellectual property (ideas and creative work)
D)Chattels
E)A good affixed to real property

Question 12

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?

A)Negligence
B)Trespass
C)Public nuisance
D)Breach of the Aeronautics Act
E)None

Question 13

With respect to the land titles system of registering interests in land,which one of the following is true?

A)This registration system is the same throughout Canada because the procedure has been set by the federal government to ensure a uniform method of registration.
B)All the documents concerning an interest in land must be kept in the land title office,and to ensure the state of the title,a potential purchaser is advised to examine the various documents that have accumulated over the years.
C)When documents concerning an interest in land are filed in the land title office,each document is examined,and if it is in order,the state of title certificate is amended to show the change.
D)Mortgages,restrictive covenants,building schemes,easements,and even entries under the Builders' Lien Act need not be registered to protect those interests against third-party claims.Registration of such interests is voluntary and won't affect one's interest.
E)The system is to safeguard the documents; the government is not guaranteeing title.

Question 14

The will read,"To my beloved wife,I leave our matrimonial home for life,remainder to our son,Ivan." Ivan,the adult son,no longer lived in Manitoba.Upon the husband's death,his wife remarried and moved out of the matrimonial home,but she allowed her friend Tilly to live there.Upon learning that his mother had moved out,Ivan considered moving back to the home.Which one of the following is true?

A)Ivan has the legal right to return to the home because,as a blood relative,he has a better right to live there than Tilly does.
B)Ivan has the legal right to return to the home because,as the remainderman,he has a better right to live there than Tilly does.
C)Ivan's legal right to return to the home does not arise until the death of his mother.
D)If the wife willed the home to her new husband,upon her death the new husband would inherit the home.
E)If the wife sold her interest to Tilly,Tilly could stay in the home until she (Tilly)dies regardless of when the wife dies.

Question 15

Mr.Bucks owned a 10-hectare property in Langley.He subdivided the land into two 5-hectare lots.He decided to keep lot A for himself and to sell lot B.His friend and neighbour,Ms.Goode,wanted lot B,so they made the following deal: for lot B,Ms.Goode would give Bucks $100,000,her car,a right-of-way of 3 meters along the east side of lot B to provide access to the highway,her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory)and her promise to plant a 5-metre-long laurel hedge to block his view of her driveway.All promises were registered.Which one of the following is true?

A)This kind of deal for land is not possible because it is too complicated.
B)Ms.Goode would have to comply with all the terms of this contract except for the part about the laurel hedge,because that is a positive covenant.
C)With regard to the right of way,lot B is the dominant tenement and lot A is the servient tenement.
D)If the right-of-way is properly registered in the land title office,it would bind subsequent purchasers of either lot A or lot B even though they were not privy to the original contract.
E)If Ms.Goode sells lot B to Mr.Ho,Mr.Ho could cut down the cedar trees because the promise was part of the contract between Mr.Bucks and Ms.Goode,to which Mr.Ho was not privy and which therefore does not affect him.

Question 16

Mr.and Mrs.Dunn divorced and Mr.Dunn applied for a division of the matrimonial home in which they were joint tenants.Mr.Dunn died before the matter was settled.In Dunn Estate v.Dunn,the issue was whether the home was part of Mr.Dunn's estate,or whether it passed by survivorship to Mrs.Dunn.What did the court find?

A)The home passed to the wife.A joint tenancy,if properly created,cannot be severed.
B)The home was part of the estate.The divorce was enough to sever the tenancy.
C)The home was part of the estate.The commencement of a matrimonial property action was enough to sever the tenancy.
D)The home passed to the wife.Neither divorce or commencement of a matrimonial property action was enough to sever the tenancy.
E)The home was part of the estate.A joint tenancy is instantly severed by the death of either joint tenant.

Question 17

Which of the following is true with regard to real property law?

A)The essential characteristic of an estate in land is that the owner of the estate,whether it is a fee simple,life estate,or leasehold,has exclusive possession.
B)A true interest less than estate,whether properly registered or not,runs with the land and therefore is an exception to the privity of contract rule.
C)A profit a prendre is a type of restrictive covenant attaching to all the properties within a particular development plan.
D)An easement acquired by prescription must be restrictive in nature to be binding on subsequent purchasers of land.
E)A contract for land in which a person sells the property with a restriction that the new owner not sell to any person of a certain race cannot be challenged by the courts because it is a restrictive covenant that runs with the land.

Question 18

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

A)Intangible property or chose in action
B)A claim against someone that has value
C)Intellectual property (ideas and creative work)
D)Chattels
E)Land

Question 19

If a person wanted to build a log cabin in a new subdivision,what might prevent him from doing so?

A)Prescription
B)Easement
C)Restrictive covenant
D)Strata regulations
E)Federal statute

Question 20

A husband and wife own Lot A as joint tenants and Lot B as tenants in common.The husband's will reads: "I leave Lot A to my son John and Lot B to my daughter Mary." Who takes what when the husband dies?

A)The son,John,gets Lot A and daughter Mary gets Lot B,just as their father wished and designated in his will.
B)John will get Lot A but Mary will not get Lot B because it was co-owned with the mother as tenants in common,so the mother takes Lot B as the other tenant-in-common.
C)Mary will get all of Lot B but John will not get Lot A because it was co-owned with the mother in joint-tenancy,so the mother takes Lot A as the surviving joint tenant.
D)Mary will get her father's interest in Lot B,but John will only get a life tenancy in Lot A.
E)Mary will get her father's interest in Lot B,but John will get no interest in Lot A.

Question 21

If Niles and Frasier buy a "fee simple" interest,which of the following is true with regard to their rights?

A)In law,they are entitled only to the surface of the earth within the boundaries.
B)They have rights to the area under their land,including the mineral rights.
C)The maxim "to whomsoever the soil belongs,he owns also to the sky" remains unchanged and is as valid today as ever.
D)Today a person's right to the area above his land is restricted to that part of it he can make use of.
E)You can sue an airplane for trespass for flying at 30,000 feet over your property.

Question 22

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

A)When such tangible personal property becomes attached,it becomes part of the real property.
B)When such tangible personal property becomes attached to the real property,it is unlawful to remove it under any circumstances.
C)The owner of real property has the right to detach a fixture if he so desires.
D)When a tenant attaches tangible personal property to the real property he has rented in order to use it in his trade or profession,those trade fixtures can be removed when he leaves.
E)When a person renting a home attaches a mirror to the wall to better use it,he can take that mirror with him when he leaves,providing no damage is done by removing it.

Question 23

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?

A)His ownership extends to include fixtures.
B)Taylor owns all of the area above his land and all of the land below.
C)Despite the extent of his interest,the Crown can grant the mineral rights to someone else.
D)Taylor's interest is referred to as a fee simple.
E)He can sell part of his interest and create a joint tenancy.

Question 24

A periodic tenancy means

A)a term lease.
B)a lease granting the lessee exclusive possession for one year.
C)a lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission.
D)a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.
E)a tenancy created when an owner of property allows a purchaser to take possession before title transfers to him.

Question 25

In 2015,Jonah sold a building to his two married sons: Bert and Charles.In 2016,Charles was thinking of severing the joint tenancy,but before anything was said or done,Charles and Bert both drowned in a boating accident.Charles died immediately,but Bert died two months later,never having regained consciousness.Charles had willed his interest in the property to his wife and Bert had willed his to his son.On these facts,which of the following is true?

A)As soon as they made the wills,the parties became joint tenants.
B)Charles' wife and Bert's son now have a leasehold interest in the building.
C)Charles' wife and Bert's son have now acquired possession through adverse possession.
D)Bert's son is entitled to the whole property.
E)Charles' wife is entitled to the whole property.

Question 26

Jane had two teenaged sons.Her husband died when the boys were 14 and 16.She met Jack,who had a son and daughter by his first marriage.He was divorced from both a first and second wife.Jane and Jack decided to marry.After the marriage,they bought a house as co-owners.Which of the following is true with regard to co-ownership?

A)If the type of co-ownership is not stated on the conveyancing documents,they will take possession as joint tenants.
B)If they co-own the property as joint tenants,Jane could control what happened to her share upon her death with a well-crafted will.
C)If they took the property as joint tenants and she decides that she does not want the "right of survivorship," she cannot change that type of ownership without his permission.
D)A joint-tenancy cannot be severed by one party selling their interest.
E)If it is a joint tenancy and no changes are made,if she dies first her husband gets the whole property.

Question 27

Which one the following is true with regard to real-property law?

A)Property includes only the land and not the buildings attached to it.
B)The "leasehold estate" interest in land is the greatest interest that can be granted and bestows the rights to use or sell the property.
C)If two people own land as tenants in common,the surviving joint owner takes the interest of the deceased co-owner.
D)A legal,registered restrictive covenant "runs with the land"; i.e.,it can bind subsequent owners who were not parties to the original contract under which it arose.
E)A person who owns an interest less than an estate (e.g.,a right of way)has a right to exclusive possession of that property.

Question 28

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.

A)mortgagee
B)court
C)debtor
D)tenant
E)principal

Question 29

When a house is built on a lot,the house is an example of

A)a profit a prendre.
B)real property.
C)a chattel.
D)a house is not considered property.
E)an easement.

Question 30

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 correct?

A)Technically,only the Crown owns the land,but the fee simple interest is the greatest bundle of rights,other than the Crown's,a person can own.
B)The owner of the fee simple has the right to exclusive possession of the land until his death.
C)If the owner of the fee simple dies without a will,his estate reverts back to the Crown.
D)The owner of the fee simple has rights to the surface of the earth and also unlimited use of the airspace above his property.
E)The owner of the fee simple also owns what is below the land,including mineral rights.

Question 31

If Sam buys the fee simple,which of the following is true with regard to his rights?

A)If fumes from the neighbouring processing plant kill his bushes and vegetables,he may be able to sue the neighbour for the tort of trespass.
B)The maxim "to whomsoever the soil belongs,he owns also to the sky" remains unchanged and is as valid today as ever.
C)If someone intrudes onto his property,the proper cause of action is to sue for the tort of public nuisance.
D)In law,he is entitled only to the surface of his property within the boundaries,and not to things attached to the land,such as fences and barns.
E)He would have the right to all below the surface except those things retained by the Crown in the original Crown grant.

Question 32

Brenna owns two adjacent lakeside lots.She sells one lot to Burt and Ernie,with the provisions that they agree not to develop any commercial facilities on the land and to plant a row of rose bushes between the properties.The covenants are registered in the appropriate Land Titles Office.Which of the following is true?

A)If the title documents are silent on the point,Burt and Ernie take possession as joint tenants.
B)If Burt and Ernie do not plant the bushes as agreed,Brenna could sue them for private nuisance.
C)If Burt and Ernie sell their lot to Holly,Holly would not be bound by the covenant to refrain from developing commercial facilities.
D)The registration of a covenant guarantees that it is a valid interest that runs with the land.
E)If Burt and Ernie sell the property,the new owner would not have to plant the row of rose bushes as provided in the original contract.

Question 33

Which of the following is one of the implied rights of a lessee of a commercial tenancy?

A)That the lessee will deliver vacant possession to the new tenant at the time they agreed the lease period would start.
B)That the lessee can use and enjoy the premises for all usual purposes without physical interference from the lessor.
C)That the lessor will repair unfurnished premises.
D)That the lessor is assured against the interference by a third party.
E)That the lessee will give the lessor possession.

Question 34

It is common today for a ________,needing more funds,to transfer the equity of redemption to another creditor as security for a further loan.

A)debtor
B)mortgagee
C)landlord
D)mortgagor
E)remainderman

Question 35

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?

A)Technically,only the Crown owns the land,but the fee simple interest is the greatest bundle of rights,other than the Crown's,a person can own.
B)The owner of the fee simple has the right to exclusive possession of the land and can sell it in his lifetime or dispose of it by his will.
C)If the owner of the fee simple dies without a will,his estate reverts back to the Crown.
D)The owner of the fee simple has rights to the surface of the earth and also to anything attached to it (e.g.,crops,houses,fences).
E)The owner of the fee simple also owns what is below the land subject to the reservations in favour of the Crown.

Question 36

If you grant your grandma a life estate and she asks about her rights and duties as a life tenant,which of the following is true?

A)The life tenant can transfer the fee simple to someone in her will.
B)The life tenant is not responsible to make repairs to keep the property in good condition,only the fee simple owner has that responsibility.
C)The life tenant cannot rent out the property during the life tenancy.
D)If you make no indication of who the property is to go to when she dies,the property reverts back to your estate.
E)The life tenant after 20 years can establish an easement interest in the property.

Question 37

In which of the following does a person have a true lease?

A)When a person contracts for a room in a boarding house for one month.
B)When a person's one-year lease has expired and he has paid no further rent,but remains on the premises contrary to the wishes of the lessor.
C)When he has contracted for a warehouse for a two-week period commencing June 1,2016.
D)When he has been given permission to sleep on a cot in the dark room used at the photography shop where he works.
E)When he spends the night in an inn.

Question 38

Marian met with the owner of a warehouse and contracted for factory space for a two-year term.The amount to be paid ($22,400 yearly)and the premises were made clear,but nothing else was discussed.The law,however,implies some terms.Which of the following is a term of the contract?

A)The landowner has no obligation to provide vacant possession at the time the lease period is to start.
B)The landlord need not provide quiet enjoyment of the premises.
C)The landlord has no general obligation to deliver premises that are clean or in good repair.
D)The premises will be reasonably fit for Marian's purpose.
E)The tenant is responsible for normal wear and tear.

Question 39

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?

A)The life tenant is entitled to exclusive possession of the property for an indefinite period of time.
B)The owner of the fee simple can grant a life estate only while he is alive.
C)If Isaac doesn't make out a will,his property will revert back to the Crown.
D)A life estate can only be created by contract.
E)The holder of a life estate must pay for normal upkeep,pay fees and taxes,and not harm the value of the reversionary interest.

Question 40

After a default and pursuant to an application by a mortgagee,the court will issue a preliminary order of ________,setting a time limit within which time the mortgage must be redeemed by paying what is in arrears,rectifying any other mortgage defaults,and in some cases,costs.

A)foreclosure
B)debt
C)judicial sale
D)redemption period
E)quantum meruit

Question 41

When Joan entered into a contract with Mr.Shultz to rent an apartment in a converted house,she noticed that the back stairs and hand railing looked as if they were in disrepair.On the day when she took possession,she found she couldn't use the back stairs because the last two steps were rotten and the handrail was not bolted down at one end.Which of the following is true?

A)Unless the contract states that the landlord has an obligation to repair,the landlord has no obligation to repair.
B)Because Joan has taken possession,she would have the obligation to replace the steps and bolt down the railing.
C)The landlord has an obligation to provide premises in a good state of repair only if any defect was brought to his attention at the time of the contract.
D)The common law places no duty on the landlord to repair,and this has not been overridden by any statute.
E)The landlord has a statutory duty to provide premises in a state of repair that complies with safety standards irrespective of the state of the premises at the time of contract.

Question 42

A distinction between real property and personal property is that one cannot be moved while the other can.

Question 43

Which of the following statements regarding the nature of the landlord-tenant relationship is true?

A)A leasehold is one kind of interest less than an estate.
B)A characteristic shared by leaseholds and life estates is that they both grant to the holder the right of exclusive possession.
C)An oral lease is never enforceable.
D)The term of a lease must be for a definite period of time.
E)Leases are only available in residential tenancies.

Question 44

Most legal issues arising from protection of the environment relate to

A)passing-off.
B)moral rights.
C)natural resource development.
D)trespass.
E)nuisance.

Question 45

In which of the following does a person have a true lease?

A)When a person rents a hotel room
B)When a person's one-year commercial lease has expired and he has paid no further rent but remains on the premises without the agreement or consent of the lessor
C)When a person has contracted for the use of a warehouse for a two-month period commencing June 10,2018
D)When a person has been given permission to sleep on a cot in the dark room used at the photography shop where he works
E)When a person pays by the hour to use a woodworking shop along with other users

Question 46

When a person acquires temporary possession of a chattel by arrangement with the owner,it is known as which of the following?

A)Holder in due course
B)Chose in action
C)Consignment
D)Bailment
E)Fixture

Question 47

Which of the following statements is correct with respect to the person who is entitled to found property?

A)When a person finds valuable property,he must turn it over to the police,and if the rightful owner is not found,the property goes to the government.
B)When a person finds a valuable watch in a public place,he is entitled to that property over everyone else including the rightful owner.
C)When a person finds a valuable watch in a public place,he is entitled to that property over everyone else except the rightful owner.
D)When an employee finds an item of lost property on the premises of his employer,he is entitled to that lost property if the rightful owner cannot be found.
E)You only have a claim to personal property you find if it is a chose in action.

Question 48

A right of way is an example of an estate in land since it gives the holder of it the right to go across the land.

Question 49

When a landlord seizes property left by the tenant and holds it until the rent is paid or sells it to pay rent owing,this is referred to as

A)relief against forfeiture.
B)tenancy at sufferance.
C)distress.
D)an order nisi.
E)an order absolute.

Question 50

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

Question 51

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term,the tenant can pay the arrears and apply in the court to have the lease reinstated.This is known as

A)relief against forfeiture.
B)distress.
C)tenancy at sufferance.
D)an order nisi.
E)an order absolute.

Question 52

Which of the following statements is correct with respect to the creation of a bailment?

A)For a bailment to be created,it is necessary for the parties to have anticipated that the property would be returned at the end of the bailment period.
B)For a bailment to be created,the property must be given with the understanding that payment would be given for the service.
C)Bailments can only be created through contracts.
D)A bailment is not created when the transfer of the property is only done incidentally,such as leaving a watch with a watchmaker for repair.
E)A bailment is the process provided for releasing people from jail before trial.

Question 53

Real property refers to land only.

Question 54

Harry's lawn mower ceased to work,so in order to get the lawn mowed,he borrowed his neighbour's lawnmower.Which one of the following is correct with respect to Harry's responsibility in relation to the lawn mower?

A)This is a gratuitous bailment,and as such,Harry has no legal obligation to look after the lawnmower.
B)This is a gratuitous bailment for Harry's benefit,and as such,Harry has a duty to be reasonably careful that no harm or accident come to the lawnmower.
C)Because Harry has borrowed the lawnmower,he is obligated to return it in the condition it was given and is liable for any damage or loss no matter what the reason.
D)If,when Harry asked his neighbour,the neighbour was reluctant to loan it to Harry but did so anyway,this is an example of an involuntary bailment.
E)Because the lawnmower is valuable,this is an example of a bailment for value.

Question 55

Jurg was hosting a luncheon when his punchbowl broke.He went next door and asked his neighbour,Ethan,if he could borrow his.Ethan reluctantly agreed,commenting that the punchbowl was a family heirloom.This made Jurg a little nervous.On his way back home,he was wondering what his legal responsibility would be in relation to the bowl.Which one of the following statements is true?

A)Because this is a gratuitous bailment for Jurg's benefit,Jurg must be reasonably careful that no harm or damage comes to the punchbowl.
B)Because this is a gratuitous bailment,Jurg has no legal obligation in relation to the punchbowl.
C)Because Jurg borrowed the punchbowl,he must return it in the same condition and is liable for any damage howsoever caused.
D)Because Ethan lent the punchbowl to him reluctantly,the rules of an involuntary bailment apply.
E)Because the punchbowl is valuable,the rules of a bailment for value will be enforced.

Question 56

Which of the following is false with regard to the law of landlord and tenant,lessor and lessee?

A)A lease agreement is a contract that grants an estate in land; i.e.,it gives the lessee exclusive possession for a period of time.
B)If a commercial lessee defaults on his rent,the lessor has the power to seize the lessee's property left on the premises.
C)Residential properties are governed by provincial statute and vary from jurisdiction to jurisdiction.
D)A tenancy is primarily contractual and therefore does not "run with the land," so it does not bind a purchaser of the building.
E)The law of frustration applies to residential leases.

Question 57

Mable was employed as a waitress at a respectable restaurant in Winnipeg.After cleaning up at one of the tables,she noticed a valuable broach on the floor beneath the table.Which of the following is correct with respect to her legal claim to the broach?

A)As the finder of the broach,she is entitled to it.She has a prior claim against all but the rightful owner of the broach.
B)She must hand it over to the police,and if the rightful owner does not come forward,the broach becomes the property of the government.
C)Although she found the broach in a public part of the restaurant,she must give the broach to her employer,who has the right to keep it if the rightful owner is not found.
D)Because of the principle of "finders keepers," she gets to keep the broach even against the original owners who lost it.
E)She has no claim to the broach no matter where she found it.

Question 58

Which non-litigious approach is becoming an effective method of obtaining compliance with CEPA?

A)Binding arbitration
B)Compulsory mediation
C)Negotiations to solutions that bring compliance with the legislation,thereby avoiding prosecution and punishment
D)First Nations talking circles
E)Tort of trespass

Question 59

Which of the following describes involuntary bailment?

A)Someone is forced to provide bail.
B)Goods have been left without permission.
C)The borrower refuses to return goods.
D)The bailor sells the goods to compensate for storage costs.
E)The bailee refuses to claim the stored goods.

Question 60

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?

A)This is an example of a gratuitous bailment for the benefit of the bailee.
B)This is an example of a gratuitous bailment for the benefit of the bailor only.
C)This is an example of an involuntary bailment.
D)Because he is doing his friend a favour,Harry has no legal duty to be careful of the violin.
E)Because the violin is a Stradivarius,this is an example of a bailment for value.

Question 61

A right of way can be acquired by prescription when a person's habitual use of land is not interfered with by the owner.

Question 62

Because a tenancy is primarily contractual and so does not "run with the land," it will not bind a purchaser of a building.

Question 63

The separation or division of joint ownership is referred to as severance.

Question 64

A finder has no obligation to return found goods to the proper owner.

Question 65

Leasehold estates are another way of describing landlord and tenant relationships.

Question 66

In a three-year commercial lease,the tenant must give the landlord two months' notice upon leaving.

Question 67

Life estate means that the land is leased to a tenant for the period of his/her life.

Question 68

Term lease describes a period-to-period rental.

Question 69

The bailee is not liable for damage done to goods while they are in his/her possession.

Question 70

An agreement for sale includes the right to retake possession if the person buying the land fails to pay installments.

Question 71

The only person who has a better claim than the finder on goods that are found is the original owner.

Question 72

A remainderman is a third party with the right to the remainder of the fee simple after the death of life tenant.

Question 73

If someone stores goods on your property without permission and you exercise no control over those goods,there is no duty to take care of them.

Question 74

A periodic tenancy refers to a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.

Question 75

One of the important features of residential tenancies is that the parties are free to override the provisions of the various residential tenancies acts by clearly doing so in a written lease agreement.

Question 76

The term "equity," in common use,describes the value of property after all debts and claims owing on it are deducted.

Question 77

A gratuitous bailment can occur when someone borrows an item from a neighbour.

Question 78

When people have a tenancy in common and one of them dies,his or her share in the property goes to the survivor.

Question 79

Historically,the mortgage transaction involved the mortgagee transferring title to the property to the mortgagor as security for the loan.

Question 80

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