Exam 21: Interests in Land and Their Transfer

In some parts of Canada,using another person's land may give an adjoining landowner an easement over her or his neighbour's land.An easement by prescription will not be created if

Which of the following can create an easement?

A is making his last will.He wants to leave his cottage property to his daughter and her husband,but in such a way that neither of them can deal with the property without the consent of the other and that when one of them dies,the other will become the owner of the property.He also wants to leave his condominium for the use and possession of his son during his son's lifetime,and after that to his niece and her husband,although he wants to specify that his niece will have an undivided 85 percent interest in the condominium and her husband an undivided 15 percent interest.State the type of estates that the beneficiaries will have in A's property,as well as the type and quality of ownership.

Use the fact situation in Q10 to answer the related question that follows. In addition to the searches that A's lawyer will conduct,A's lawyer will need to examine

Explain the distinction between a tenancy in common and a joint tenancy.

What is a life estate?

After a life estate has been carved out,the balance of the fee simple is called

A's family has owned a parcel of land for five generations.There are no restrictions or conditions attached to the land.In this case,A's family holds the land

It has been suggested that the disadvantages of owning a condominium are actually minimal.Explain one situation where this statement may be less than accurate.

A unit in a multiple-unit development that may be owned in fee simple is usually referred to as

Describe the two main classifications of interests in land.

Use the fact situation in Q6 to answer the related question that follows. If A uses the path for a period of at least 20 years,A will acquire

John and Edward own property in Toronto.Edward owns 45 percent of the property,and John owns the remaining 55 percent.Both John and Edward can deal with their respective interests in the property at any time without the consent of the other.In this case,John and Edward own the property as

Use this fact situation to answer the related questions that follow. A and B own farms in southern Ontario next to one another in an area where the land registry system applies.They have access to their farms by means of a road that runs along the northerly edge of both properties.Both A and B live in their houses,which are situated at the southernmost portions of their farms.At the northeastern end of B's property there is a bus stop at the side of the road,where A catches the bus to work.A now decides that he will cut across B's land to get to the bus stop and begins to do this,creating a pathway over B's land without B's knowledge or consent. If A continues to cut across B's land for 10 years,

Use the fact situation in Q6 to answer the related question that follows. If title to both farms was registered in the land titles system,

To seize to hold and sell land in order to realize the amount due under a judgment registered against the owner is

Explain the effect of severance and how can it be done.

Albert and his spouse,Mary,want to buy a piece of property in Toronto and wish to have ownership that will permit the transfer of the land to either of them on the death of the other.To accomplish this,they will take title as