Property Law: Adverse Possession and Estates

<p>Ellenborough Park test (C)</p> Signup and view all the answers

<p>Action for ouster (A)</p> Signup and view all the answers

<p>Partition or sale of land (B)</p> Signup and view all the answers

<p>Adjust shares based on contributions (D)</p> Signup and view all the answers

<p>Right to receive exclusive access to private services (C)</p> Signup and view all the answers

<p>To ensure the restaurant business can operate effectively (C)</p> Signup and view all the answers

<p>Easements provide rights to land use, while restrictive covenants regulate land use (D)</p> Signup and view all the answers

<p>Covenants can be enforced against successors in title (C)</p> Signup and view all the answers

<p>Unilateral license agreements (A)</p> Signup and view all the answers

<p>The party agreeing to the terms of the covenant (A)</p> Signup and view all the answers

<p>Implied easements necessary to fulfill the shared purpose of land use (C)</p> Signup and view all the answers

<p>It places limitations on how a landowner can use their property (A)</p> Signup and view all the answers

<p>It must support the health and safety regulations (D)</p> Signup and view all the answers

<p>Forfeit the lease and take distress (C)</p> Signup and view all the answers

<p>Goods under a contract for purchase (C)</p> Signup and view all the answers

<p>It must specify the breach clearly (B)</p> Signup and view all the answers

<p>When the landlord cannot be compensated adequately (B)</p> Signup and view all the answers

<p>The extent of the tenant's investment in the premises (B)</p> Signup and view all the answers

<p>The distrainer (C)</p> Signup and view all the answers

<p>The market value of the seized goods (B)</p> Signup and view all the answers

<p>Act within five days of the notice (D)</p> Signup and view all the answers

<p>If the landlord has a substantial and legitimate interest in actual performance (A)</p> Signup and view all the answers

<p>Right to possess the whole of the land without interference (C)</p> Signup and view all the answers

<p>A non-trivial interference that deprives the tenant of the whole benefit of the lease (C)</p> Signup and view all the answers

<p>If rent is included in the lease agreement (D)</p> Signup and view all the answers

<p>It gives tenants a 15-day grace period before the obligation becomes operative (B)</p> Signup and view all the answers

<p>Exercise forfeiture or distress as per lease terms (D)</p> Signup and view all the answers

<p>Allowing non-competing businesses in adjacent premises (B)</p> Signup and view all the answers

<p>Damages for interference that does not deprive them of the whole benefit of the lease (A)</p> Signup and view all the answers

<p>Residential leases are contracts specifically for accommodation, while commercial leases are estates. (D)</p> Signup and view all the answers

<p>Section 39 (D)</p> Signup and view all the answers

<p>The right to assign or sub-let the premises. (B)</p> Signup and view all the answers

<p>By prohibiting contracting out and enforcing contract regulations. (A)</p> Signup and view all the answers

<p>Landlords are required to provide tenants with written summaries of their rights. (B)</p> Signup and view all the answers

<p>If the tenant has vacated the unit or abandoned it, or if authorized by the Board. (A)</p> Signup and view all the answers

<p>60 days (A)</p> Signup and view all the answers

<p>No-pet clauses (B)</p> Signup and view all the answers

<p>The eviction order is voided. (A)</p> Signup and view all the answers

<p>Preponderance of evidence. (C)</p> Signup and view all the answers

<p>Permission must be established. (D)</p> Signup and view all the answers

<p>20 days. (C)</p> Signup and view all the answers

<p>Subjective intimidation. (C)</p> Signup and view all the answers

<p>When the tenant has a disability. (D)</p> Signup and view all the answers

<p>Considering relief from eviction. (D)</p> Signup and view all the answers

<p>Eviction should be ordered as a last resort. (B)</p> Signup and view all the answers

A legal action available to a co-owner if another co-owner damages the land.

Legal action available if one co-owner tries to exclude the other from the land.

A co-owner can ask a court of equity to take action for unequal shares in revenue.

Co-owners generally must negotiate their own contracts to receive a revenue share.

A legal process for dividing co-owned land when sale is advantageous.

Legal process for partitioning land or selling it.

A right to use someone else's land for a specific purpose.

Criteria to determine if a right is a valid easement.

A right reserved, not explicitly stated in a grant, but implied by the circumstances or common intention of the parties involved in the grant.

An implied easement allowing access to landlocked land. A right of way to reach land.

Easements where both landowners have rights over each other's land, shared usage rights.

Agreements limiting what a landowner can do on their property to protect the interests of others.

The person who agrees to a covenant, binding them to do or not do something on their land.

The person who receives the benefit of a covenant.

Ability to enforce a covenant against or for successors to the original parties.

A landlord generally cannot both forfeit a lease and seize a tenant's goods for unpaid rent. However, if the lease allows for distress, the landlord may seize goods on the premises to satisfy rent arrears.

Distress is limited to goods belonging to the tenant located on the rented premises. This does not include goods under a purchase contract.

Landlords must take a reasonable amount of goods in distress. Taking excessive goods can lead to liability for damages.

The owner of goods seized in distress has five days to reclaim them (replevy) and have them appraised.

Landlords must serve tenants with a notice specifying the breach of the lease before enforcing a right of forfeiture.

Courts can grant relief against forfeiture if the breach is capable of remedy or if the landlord can be compensated by other means.

Courts consider the landlord's ability to be compensated, the hardship on the tenant, and the extent of the tenant's investment in the premises.

The hardship that the court considers for relief against forfeiture must be a type that the court can reasonably address.

A legal responsibility to take reasonable steps to reduce potential losses, often applied to landlords seeking compensation from tenants who breach a lease.

A landlord's implied promise that a tenant can possess and use the leased property without unreasonable interference.

A landlord's action that negatively impacts a tenant's ability to use the leased property in the way intended by the lease agreement.

The Act makes the timely payment of rent a binding condition in commercial leases, giving landlords the right to take action if rent is not paid.

A landlord's right to retake possession of a leased property due to a tenant's breach of lease, such as non-payment of rent.

A landlord's right to seize a tenant's property on the leased premises to cover unpaid rent.

The legal right of a landlord to regain possession of a property due to a tenant's breach of lease, usually after following specific legal procedures.

When a tenant fails to fulfill their obligations under the lease agreement, such as not paying rent on time.

A law that establishes legal rights and obligations for landlords and tenants in residential settings. It aims to ensure a fair and balanced relationship between them.

While commercial leases are seen as estates (ownership rights), residential leases are considered contracts for accommodation (focused on providing living space).

It heavily regulates residential leases by imposing rules that protect tenants and limit landlord actions.

The tenant's right to occupy the rental unit is separate from the tenancy agreement. It can only be terminated according to the Residential Tenancies Act.

Landlords can only recover possession if the tenant has vacated, abandoned the unit, or if an eviction order has been issued by the board.

The Act uses clear language and requires landlords to provide renters with information about their rights.

Yes, property owners are not required to be landlords under the Act. They can terminate the tenancy with 60 days' notice.

It means that landlords and tenants cannot agree to terms that contradict the Residential Tenancies Act.

Reasons that legally allow a landlord to end a tenancy and evict the tenant. These can include non-payment of rent, illegal activities on the property, damage to the unit, or disruption to other tenants.

Damage to the rental unit that goes beyond normal wear and tear. This can be a reason for eviction, but the landlord must provide notice to the tenant to fix the damage.

A tenant's actions that significantly disrupt the peaceful enjoyment of the property by other tenants or the landlord. This can be a reason for eviction.

A tenant's actions that create a serious risk of harm to other tenants or the landlord. This is a serious ground for eviction with a shorter notice period.

The Housing Tribunal must consider the Human Rights Code when deciding eviction cases, especially for tenants with disabilities.

Making adjustments to a tenant's living situation that allow a person with a disability to live comfortably without causing undue hardship for the landlord.

Eviction should be a last resort, only used when all other options for resolving conflict between tenant and landlord fail.

The Tribunal weighs the potential harm to the landlord (economic or reputational) against the seriousness of the tenant's actions and their overall circumstances.