Question 1

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

Accepted Answer

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. D

Question 2

Distinguish between a leasehold estate and a freehold estate.

Accepted Answer

A leasehold estate involves a transfer of a right to possess the land to someone else for a specific period of time. A freehold estate, such as a fee simple or life estate, does not last for any specific period of time.

Question 3

Explain the rights of a remainderman in a life estate.

Accepted Answer

When a life estate is granted to one person, and on the expiration of that life estate, the property is to go to another, that other person is referred to as a remainderman.

Question 4

What is meant by "relief against forfeiture"?

Accepted Answer

The answer of What is meant by "relief against forfeiture"?...

Question 5

Joe verbally agreed with his landlord to a two-year lease for an apartment. Only five months later, the property was sold to somebody else. The new owners gave Joe three months to vacate the premises. Explain Joe's legal rights under these circumstances.

Accepted Answer

The answer of Joe verbally agreed with his landlord to...

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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?

Accepted Answer

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 8

When a landlord seizes the tenant's property for failure to pay rent, this is called ________.

Accepted Answer

The answer of When a landlord seizes the tenant's property...

Question 9

Describe the evolution of the standing of First Nations groups in the development and transportation of energy and natural resources.

Accepted Answer

The answer of Describe the evolution of the standing of...

Question 10

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?

Accepted Answer

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 11

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

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

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

Question 13

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.

Accepted Answer

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

Question 14

What is the lessor's obligation to ensure quiet enjoyment?

Accepted Answer

The answer of What is the lessor's obligation to ensure...

Question 15

Indicate how the obligation on innkeepers has been modified by statute.

Accepted Answer

The answer of Indicate how the obligation on innkeepers has...

Question 16

Governments often override the common law right that water naturally coming to a property owner not be diverted beyond that needed for domestic usage.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

A periodic tenancy means

Accepted Answer

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 19

A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.

Accepted Answer

The answer of A subsidiary contract creating an obligation to...

Question 20

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.

Accepted Answer

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.

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

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

Distinguish between a leasehold estate and a freehold estate.

Explain the rights of a remainderman in a life estate.

What is meant by "relief against forfeiture"?

Joe verbally agreed with his landlord to a two-year lease for an apartment. Only five months later, the property was sold to somebody else. The new owners gave Joe three months to vacate the premises. Explain Joe's legal rights under these circumstances.

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

When a landlord seizes the tenant's property for failure to pay rent, this is called ________.

Describe the evolution of the standing of First Nations groups in the development and transportation of energy and natural resources.

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

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.

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.

What is the lessor's obligation to ensure quiet enjoyment?

Indicate how the obligation on innkeepers has been modified by statute.

Governments often override the common law right that water naturally coming to a property owner not be diverted beyond that needed for domestic usage.

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

A periodic tenancy means

A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.