LS283 Lecture Notes - Lecture 22: Fractional Ownership, Land Registration, Bailment
2 Apr 2019
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Document Summary
Unique relative to personal property and ip. The total quantity of land is finite. Both factors contribute to its perceived value: historically law of property (real) is common law oriented with legislated interventions. However, the ownership/land interest registration systems are very much legislative creations: recall- consider property as a bundle of rights that you possess/exercise. In some ways the more "recently" created ownership interests make it easier to see the distinction. We can"t "move" the land/structure but we can make allowance for people to use it. With a corresponding restriction and even near total exclusion of an owner"s ability to use it. Two types of leases: residential - residential tenancies act. Relationship completely defined by provincial statute regulations and landlord and tenant board guidelines. Landlord and tenant board available to resolve disputes: commercial - commercial tenancies act. Lease terms are negotiated by the landlord and tenant. Disputes resolved according to lease and broader contract principles.
