Podcast
Questions and Answers
What is the definition of real property?
What is the definition of real property?
- Any property owned by the government
- Personal property that is tangible
- Property that is not real estate
- Land and everything attached to it (correct)
What is the key difference between tangible and intangible personal property?
What is the key difference between tangible and intangible personal property?
- Tangible property is movable and can be touched, while intangible property cannot be physically touched (correct)
- Tangible property includes real estate, while intangible property does not
- Intangible property is always owned by the government, while tangible property is not
- Intangible property includes furniture, while tangible property does not
What is the main characteristic of fixtures in property law?
What is the main characteristic of fixtures in property law?
- They are movable items that are not attached to the land
- They are always considered personal property
- They are only found in government-owned properties
- They become permanently fixed to the land (correct)
What is intellectual property primarily a result of?
What is intellectual property primarily a result of?
What does copyright protection provide the creator of a work?
What does copyright protection provide the creator of a work?
What is the purpose of fair dealing in relation to copyrighted material?
What is the purpose of fair dealing in relation to copyrighted material?
What is a trademark primarily used for?
What is a trademark primarily used for?
What does a patent grant to an inventor?
What does a patent grant to an inventor?
What is an industrial design primarily focused on?
What is an industrial design primarily focused on?
What does a trade secret refer to?
What does a trade secret refer to?
What is the purpose of a license in the context of intellectual property?
What is the purpose of a license in the context of intellectual property?
What is the purpose of non-disclosure agreements?
What is the purpose of non-disclosure agreements?
What is the primary purpose of the land titles system in Canada?
What is the primary purpose of the land titles system in Canada?
What is the primary purpose of zoning and building bylaws in Canada?
What is the primary purpose of zoning and building bylaws in Canada?
What is the key characteristic of a mortgage or line of credit using real property as security in Canada?
What is the key characteristic of a mortgage or line of credit using real property as security in Canada?
What are the common remedies for default on a mortgage in Canada?
What are the common remedies for default on a mortgage in Canada?
What are the types of lease commonly used in Canada?
What are the types of lease commonly used in Canada?
What is the classification of personal property in Canada?
What is the classification of personal property in Canada?
What are the legal relationships involving personal property in Canada?
What are the legal relationships involving personal property in Canada?
What can be used as security for debt repayment in Canada?
What can be used as security for debt repayment in Canada?
What are the options available for business needs in Canada?
What are the options available for business needs in Canada?
What is the most common form of land ownership in Canada?
What is the most common form of land ownership in Canada?
What is the term used for the public records of land ownership and encumbrances in Canada?
What is the term used for the public records of land ownership and encumbrances in Canada?
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Study Notes
Real Property, Land Ownership, and Leasing in Canada
- Fee simple ownership grants exclusive possession, transfer, and use rights of land for an indefinite period.
- All land in Canada is owned by the government, referred to as Crown land, and ownership is recorded in provincial registration systems.
- Two primary land registration systems in Canada are the registry system and the land titles system, which provide public records of land ownership and encumbrances.
- Land ownership in Canada is subject to provincial and municipal taxes, including a land transfer tax based on the property purchase price.
- Regulation of real property use is primarily through zoning and building bylaws, and building permits are required for construction.
- Mortgages and lines of credit are common debt arrangements using real property as security, with specific terms and conditions such as mortgage term and amortization period.
- Remedies for default on a mortgage include acceleration clause, power of sale, foreclosure, and judicial sale.
- Lease types include fixed tenancy, periodic tenancy, and commercial leases such as net lease, double net lease, gross lease, and semi-gross lease.
- Rights and obligations under a lease include quiet enjoyment, subletting, assignment, right of distress, and right of forfeiture.
- Personal property is classified as tangible (chattels) or intangible (choses in action), and rights over property depend on ownership and possession.
- Legal relationships involving personal property include bailment, bailor (owner), bailee (possessor), and consignment for sale purposes.
- Intangible personal property can be used as security for debt repayment, and options such as borrowing or installment payments are available for business needs.
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