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Creado por Michaela Seal
hace más de 9 años
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Pregunta | Respuesta |
types of property law | -real property -personal property -intellectual property |
real property | land - including surface, subsurface, airspace and things affixed to the land - buildings and things affixed to buildings |
personal property | chattels - tangible property not affixed to land |
intellectual property | intangibles - ideas, inventions, creative works |
property rights under the Charter | NOT protected by the Charter |
types of property rights | -possession rights -use rights -alienability rights -reversionary rights |
alienability rights | right to grant right to someone else - to sell, encumber, etc |
reversionary rights | property reverts to owner after someone else has used it |
ownership | implies alienability and reversionary rights |
title | description of rights held regarding that property |
real property title | Crown has underlying title to all land in Canada |
freehold estate | -most complete set of rights that can be granted -can sell, lease, encumber, bequeath (will) -reversionary rights revert to Crown if not alienated -can be expropriated by Crown for public purposes |
leasehold estates | -leasehold of Crown land or freehold land -possession and use rights but limited alienability -can sublease during the term only -reverts back to Crown or freehold owner at end of lease |
constitutional basis of real property: provincial government | -management and sale of public lands belonging to Province -property and civil rights in the province -non-renewable natural resource in province |
constitutional basis for real property: federal government | -peace, order and good government of Canada -Indians and lands reserved for Indians -sea coast and inland fisheries |
real property: Crown lands rights | -surface rights -subsurface rights -subsurface rights where surface is freehold |
types of freehold interests | -sole tenancy -joint tenancy (2 or more people - right of survivorship) -tenants in common (2 or more people - no right of survivorship) |
lease | quiet possession and use rights |
mortgage | reversionary interest if mortgage not paid (foreclosure) |
right of way / easement | limited use rights for particular purpose |
caveat | notice of another interest in the land - agreement for sale, judgement |
nemo dat qui non habet | cannot grant more property rights than you have |
Torrens system principles | -mirror principle (Certificate of Title accurately reflects state of title) -curtain principle (Certificate of Title contains all relevant information) -insurance principle (Registrar compensates for loss of rights due to faulty registration, assurance fund from registration fees) |
types of property rights in chattels | -exclusive possession -exclusive use -alienability rights -reversionary rights |
ownership of personal property | -owners can grant possession and use rights (such as rentals and leases) however leesees typically do not acquire alienability or reversionary rights -owners bear risk of loss unless passed to third party (insurance, or through contract) |
source of personal property law | -mostly common law, but has been modified by legislation in some areas |
level of government responsible for intellectual property | federal government |
patents | Patent Act -protects invention for up to 20 years, others must buy rights from you |
trademarks | symbols associated with business - registration provides evidence |
franchise | right to sell, supply, marketing, methods - by franchise agreements |
goodwill | value of company beyond asset value - arises from takeovers |
copyright | -protects artistic work from being copied -exists in common law - exists from time of creation -Copyright Act allows you to register creation as evidence -lasts lifetime of creator plus 50 years |
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