Canadian Real Property

What is real property

Possession:

Title:

Ownership consists of which rights

Trespass - definition

What interest is protected by the law of trespass?

What is enforced by via an action in trespass?

In an action in trespass, where do I file my action?

Defenses against a writ of trespass

What is required to maintain an action in trespass?

What is ejectment and what may plaintiff recover?

What is "acquisition by creation"

What is the main issue with creation?

Can a spectable be property?

What are the conditions for an action for unreasonable intereference of the use of your land?

Is there property in the news (i.e. news reports)?

Is an idea considered property? Why or why not?

What are the aspects of subsequent possession:

What is a subsequent possessor?

What are the litigious subjects of the Law of Finds?

What is the rule of first possession?

What are the rights of finders?

What is required for a finder to have any rights on a thing?

What is the general rule of possession?

Define lost property

Is the saying "Finders keepers, losers weepers" accurate?

What is mislaid property?

Ratio from Bridges

Ratio from Staffordshire

Ratio from Hannah

What are the characteristics of abandoned property?

Ratio from McAvoy

Ratio in Moffatt

Situations that favour the owner of the land

Rights and obligations of the finder of an item

Rights and liabilities of an occupier

Under what circumstances can a true owner be divested of his or her right in a thing?

Principle: possession derived from trespass

Measure of damage for lost articles

What is the rule of adverse possession?

What is the legal theory underlying the vesting of title by adverse possession?

What are the exceptions to the rule of adverse possession?

What are the components of adverse possession?

What is a hostile possession mean and how is it measured?

What is the ratio in Keefer?

What is the discovery rule (rule that applies to stolen chattel)?

Why is a promise to make a gift not enforceable?

What are the requirements of a valid gift?

What does the action in trespass vindicate?

Can an adverse possessor bring forward an action in trespass against a 3rd party?

What happens to the adverse possessor after the expiration of the statutory period?

What is the scope of the property obtained through adverse possession?

What action can person take when they have the right to possess land, and have been ousted from that possession by another?

Adverse possession test:

Definition: seisin

What is an abeyance of seisin?

What does land in tenure mean

What does land in estate mean?

What is a possessory estate?

What is a future estate?

What are the types of estates?

What is the definition of an estate?

What are the 2 characteristics of an estate?

What are the 3 freehold estates?

What are the 4 non-freehold estates (those to which seisin does not attach)

Effect of Native titles

Grant

Grantor

Grantee

Deed

Will

Fee Simple Absolute

To A and his heirs. A dies but has no heirs. What happens to the land?

What is the exception to the rule regarding fee simple absolutes?

Fee simple defeasible - 4 kinds

Fee tail male

What happens in a fee tail male when the grantor dies?

Are fee tail males possible in Ontario? In what Canadian jurisdictions are they possible?

What is a life estate?

What is a remainder?

What happens when a property reverts?

Life estate per autre vie

What are the duties of life tenants?

What are the different types of waste?

What are the remedies for waste?

What is a fee tail?

Name the 3 kinds of fee simple absolutes and state what happens if there is no heir?

Who are the heirs at CL?

What are the types of defeasible estates?

What is the distinction between a fee simple absolute and a defeasible fee?

What is a fee simple determinable?

How is a fee simple determinable created (what words are used)?

What happens when the condition in a fee simple determinable occurs?

What is a fee simple subject to condition subsequent?

What words are used to create a fee simple subject to condition subsequent?

I am happy you have the land forever provided you do not marry a Catholic.
What type of grant is this and what happens if he marries a Catholic?

What will courts do when the character of a grant is in doubt?

What is a fee simple subject to condition precedent?

What is a fee simple subject to an executory limitation?

What is a shifting executory interest?

What is a springing executory interest?

Is the rule against perpetuities applicable to a fee simple determinable?

What is the statute of limitations on a fee simple subject to condition subsequent once the event occurs?

Are fee tails still enforced?

How is a life estate measured?

Words that create a life estate

Give an example of a life estate defeasible

What is "To B for so long as she remains my widow"

What happens when a fee simple subject to condition precedent is ambiguous?

What happens when a fee simple subject to condition subsequent is ambiguous?

To A and his heirs provided A stays on the farm

To A and his heirs so long as he remains the King.

To A and his heirs, provided that if and when A marries, he marries an approved Jewish wife. A is 12 years old.

To A and his heirs provided A is 21. A is 16 at the time of the grant.

To A for life, and then to B and his heirs.

To A for life, then to B provided he is 21. A is 86 and B is 4 at the time of grant. Is there an issue with this grant?

What is conveyance of interest?

What is a future interest?

To B in FSA. What rights does B have?

To A and her heirs

To A for 2 years

To A and the heirs of his body

To A for life

To A forever

To A for the life of B

What are the 5 kinds of future estates?

What are the 3 kinds of reversionary interests:

Can I alienate a possibility of reverter?

How does one get a right of entry?

What is a reversion?

What happens if a possessory reversion becomes impossible?

Is reversion alienable?

What are the future interests in the grantee?

What is a remainder?

What is a contingent remainder?

To A for life, remainder to B and his heirs, but if B dies before A, to C and his heirs. What does B have?

What is a remainderman?

To A for life, but if A becomes bankrupt then to B. What kind of interest does B have?

To T to hold for A and his heirs

To A for life, then in the event of her death, to B and her heirs.

To A for life, then to B and the heirs of his body.

To A for life, then to B for life.

To A and his heirs, but if B returns from the war, then to B and his heirs.

To A for life, then to B for life, then to C and his heirs, provided C survives both A and B.

To A for life, then to B and her heirs, but if B does not survive A, then to C and her heirs.

To B and his heirs when he returns from war.

To A for life, then to B and his heirs provided B turns 21 before A's death.

To A and B for their joint lives, then the survivor and her heirs.

To A for 20 years

To A and his heirs, but if B returns from the war, then to B and his heirs, provided B has not married C.

To A upon his marriage

What are the four common law remainder rules

O conveys to A and his heirs so long as alcohol is not sold on the premises

Why can we not have springing freeholds?

To A for life, then to B provided B is 21.

To A for life, but if A goes bankrupt, then to C and his heirs.

What is the timely vesting rule?

What is the rule against perpetuities (RAP)?

The 4 types of common ownership

What is the joint tenancy rule:

What are the 4 unities of Joint Tenancy?

What are characteristics of joint tenancy?

What are the characteristics of tenancy in commons?

How does one sever a joint tenancy?

What is a right of survivorship?

What are 3 main ways to sever a tenancy?

What is a tenancy by the entireties

What are the characteristics of a tenancy by the entireties?

3 kinds of bailments & duty of bailor for each

What is a license?

What is a lease?

3 kinds of leases

How does a lease work?

What is a leasehold estate

What is a periodic tenancy or periodic lease.

What is tenancy at will?

What is a tenancy at sufferance?

What are the characteristics of conveyance?

What are the landlord's obligations towards the tenant?

What is a sublease and what are its consequences?

What is a lease assignment and what are its consequences?

What are non-assignment clauses?

What are the tenant's obligations?

What are the landlord's remedies?

At CL, is there a warranty of quality?

What is the effect of a religious restriction in a grant?

What remedies does the landlord have against the renter?

Process to analyze a grant at exam (based on prior exam answer structure)

What is a tenancy for years

What distinguishes a tenancy for years from a periodic tenancy?

How are leases created?

How is periodic tenancy created?

Describe the tenant's right of possession

What is the right of quiet enjoyment

When would a 3rd party have a paramount title to a tenant?

How can the LL or 3rd person interfere with the tenant's use of the premises?

What is actual eviction?

What is constructive eviction?

What is the principle of caveat emptor