Property Law: Adverse Possession and Estates

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Questions and Answers

What action can be taken by a co-owner if another co-owner damages the land?

Action for partition

Action for waste (correct)

Action for ouster

Action for account

What is the primary remedy available in equity for a co-owner receiving more than their just share?

Action for ouster

Action for waste

Action for partition

Action for account (correct)

Which of the following must be proven for a right to be considered a valid easement?

The existence of a dominant and servient tenement (correct)

The right must be temporal in nature

The right must accommodate a personal relationship

The right must be exclusively personal

What principle requires that an easement must accommodate the dominant tenement?

Ellenborough Park test Signup and view all the answers

Which situation applies if a co-owner wants to exclude the other from the land?

Action for ouster Signup and view all the answers

Under the Partition Act, what may a co-owner apply for?

Partition or sale of land Signup and view all the answers

In the context of co-ownership, what can a court do when ordering a partition?

Adjust shares based on contributions Signup and view all the answers

Which of the following scenarios would NOT constitute a valid easement?

Right to receive exclusive access to private services Signup and view all the answers

What is the primary reason for installing a ventilation system in a lease for a restaurant business?

To ensure the restaurant business can operate effectively Signup and view all the answers

In the context of property rights, what differentiates an easement from a restrictive covenant?

Easements provide rights to land use, while restrictive covenants regulate land use Signup and view all the answers

What is meant by 'running the burden or the benefit of the covenant'?

Covenants can be enforced against successors in title Signup and view all the answers

Which of the following is NOT considered an exception to the no implied reservations rule?

Unilateral license agreements Signup and view all the answers

Which party has the burden of the covenant?

The party agreeing to the terms of the covenant Signup and view all the answers

What does the concept of 'common intention' signify in property rights?

Implied easements necessary to fulfill the shared purpose of land use Signup and view all the answers

What is typically a characteristic of a restrictive covenant?

It places limitations on how a landowner can use their property Signup and view all the answers

What essential feature must a ventilation system satisfy for it to be relevant in a restaurant lease context?

It must support the health and safety regulations Signup and view all the answers

What does the landlord generally not have the right to do regarding a lease?

Forfeit the lease and take distress Signup and view all the answers

Which of the following items cannot be taken by the landlord during distress?

Goods under a contract for purchase Signup and view all the answers

What is one condition that must be met regarding the notice for a right of re-entry or forfeiture?

It must specify the breach clearly Signup and view all the answers

Under what circumstances can a court grant relief against forfeiture?

When the landlord cannot be compensated adequately Signup and view all the answers

What should the court consider regarding hardships imposed on a tenant when seeking relief against forfeiture?

The extent of the tenant's investment in the premises Signup and view all the answers

If excessive distress is taken, who is liable for damages?

The distrainer Signup and view all the answers

What factor is relevant in determining the reasonableness of distress?

The market value of the seized goods Signup and view all the answers

What is required for a tenant to replevy goods after distress is taken?

Act within five days of the notice Signup and view all the answers

In which situation might a landlord avoid the duty to mitigate damages?

If the landlord has a substantial and legitimate interest in actual performance Signup and view all the answers

What does the covenant for quiet enjoyment guarantee to the tenant?

Right to possess the whole of the land without interference Signup and view all the answers

What constitutes a fundamental breach under the covenant not to derogate from grant?

A non-trivial interference that deprives the tenant of the whole benefit of the lease Signup and view all the answers

Under what condition does the common law impose an obligation for a tenant to pay rent?

If rent is included in the lease agreement Signup and view all the answers

What is the effect of the Commercial Tenancies Act, s 18(1) regarding rent payment?

It gives tenants a 15-day grace period before the obligation becomes operative Signup and view all the answers

What can a landlord do if a tenant fails to pay rent?

Exercise forfeiture or distress as per lease terms Signup and view all the answers

In what situation does a landlord NOT derogate from grant?

Allowing non-competing businesses in adjacent premises Signup and view all the answers

What kind of damages can a tenant claim for a breach of the covenant for quiet enjoyment?

Damages for interference that does not deprive them of the whole benefit of the lease Signup and view all the answers

What is one way the Residential Tenancies Act differs from commercial tenancies?

Residential leases are contracts specifically for accommodation, while commercial leases are estates. Signup and view all the answers

Which section of the Residential Tenancies Act provides for the elimination of landlords' self-help remedies?

Section 39 Signup and view all the answers

What right does a tenant not possess under Section 20(7)(a) if their lease is being forfeited?

The right to assign or sub-let the premises. Signup and view all the answers

How does the Act address the inequality of bargaining power between landlords and tenants?

By prohibiting contracting out and enforcing contract regulations. Signup and view all the answers

What is required from landlords to ensure tenants understand their rights according to the Residential Tenancies Act?

Landlords are required to provide tenants with written summaries of their rights. Signup and view all the answers

Under what circumstances can a landlord recover possession of a rental unit?

If the tenant has vacated the unit or abandoned it, or if authorized by the Board. Signup and view all the answers

What notice period is required for a landlord to terminate a tenancy at the end of the term?

60 days Signup and view all the answers

What type of clauses does Section 14 of the Residential Tenancies Act prohibit?

No-pet clauses Signup and view all the answers

What happens to an eviction order if the rent owed is paid before the eviction notice becomes effective?

The eviction order is voided. Signup and view all the answers

What standard must a landlord meet to prove illegality concerning an eviction?

Preponderance of evidence. Signup and view all the answers

Which of the following must be shown by the landlord if the tenant permitted an illegal act by a third party?

Permission must be established. Signup and view all the answers

What is the minimum notice period a landlord must give before termination?

20 days. Signup and view all the answers

Which of the following is considered insufficient grounds for eviction?

Subjective intimidation. Signup and view all the answers

Under which circumstance must the Housing Tribunal comply with the Human Rights Code?

When the tenant has a disability. Signup and view all the answers

What should be considered mandatory according to Section 83(2) regarding eviction?

Considering relief from eviction. Signup and view all the answers

What does the ruling in Britannia Glen Co-operative Homes v Singh (1996) suggest about eviction?

Eviction should be ordered as a last resort. Signup and view all the answers

Study Notes

Adverse Possession

Adverse possession is the uninterrupted enjoyment of land for a period of time, which deprives the owner of their title and gives the squatter a title to the land.
A 10-year period is stipulated by law to lose the right to take legal action to recover the land. Inchoate possessory title can transfer between individuals.
The clock starts again if the possessor acknowledges the title in writing.
Disability or death of the possessor has a 5-year period.

Estates

English land law states that all land is owned by the Crown.
Estates define the effective duration of a grant.
Fee simple is the most expansive estate a tenant can have in land, with few limitations.
Life estates have duration measured by the life of a named person.
Two types of future interests: reversion, and remainder.

Co-Ownership

Two forms of co-ownership: joint tenancy and tenancy in common.
Joint tenancy features the right of survivorship to the remaining party where the initial title is created for the same reasons, time, identical shares and possession is at the same time.
Tenancy in common isn't subject to the right of survivorship.
The four unities (time, title, interest, and possession) are necessary conditions for a joint tenancy, but not sufficient.
Circumstances that indicate a tenancy in common include unequal contributions to a purchase price, or situations involving a business partnership.

Easements

Easements are rights to use another person's land.
Easements should accommodate the dominant tenement and the right must be capable of forming a grant.
The dominant and servient tenements must be owned by different people.
Negative easements prevent a person conducting something on their land.
Express grants of easements, and the circumstances that create implied grants, are addressed.

Restrictive Covenants

Restrictive covenants are agreements that restrict what a person can do with their land.
These covenants differentiate themselves from easements.
They benefit a specific person, called the covenantee.
The person who agrees to the restriction is the covenantor, holding the "burden".
Covenants can benefit successors, with the benefit "running" to a successor.

De Facto Expropriation

De facto expropriation occurs when the state's use of regulations regarding property effectively takes the property.
These regulations must be severe enough to remove virtually all the rights associated with the property holder.

Aboriginal Title

Aboriginal title recognizes Indigenous occupation and possession of land prior to sovereignty in common law.
Aboriginal title is a sui generis interest (of its own kind) in the land, with the Crown holding ultimate title.
The ultimate title is inalienable.
Indigenous people need to communicate to third parties that the land was occupied for their own purposes.

Commercial Leases

Commercial leases are contracts for accommodation and not estates in land.
Certain provisions or rights that benefit the tenant are addressed in the lease.
Abandonment and surrender are addressed.
A landlord's duties to mitigate damages for a tenant's breach are addressed.
Obligations for payment of rent.

Residential Tenancies

Residential tenancies are contracts for accommodation and not estates in land.
They include several concepts that are not present in commercial leases.
The tenants' rights and responsibilities are addressed.
The landlord's rights to mitigate damages if there is a breach of agreement are addressed.

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Description

This quiz explores critical concepts in property law, including adverse possession, types of estates, and co-ownership structures. Understand the legal stipulations regarding land ownership and the implications of different estate types. Test your knowledge on these foundational elements of English land law.