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Lecture 8

ADMS 2610 Lecture 8: B.Law10th ppt notes Ch22
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Department
Administrative Studies
Course
ADMS 2610
Professor
Rudi Lof
Semester
Winter

Description
 Estates in Land  Fee Simple  Life Estate  Leasehold Estate  Condominium  Overview  Lesser Interests in Land ➢ Easements ➢ Restrictive Covenants ➢ Mineral Rights ➢ Riparian Rights ➢ Possessory interests ➢ Encroachments ➢ Fixtures  Titles to Land ➢ Joint tenancy ➢ Tenancy-in-common  Registration  Historical Development  Real Property  Land and anything permanently attached to it  Common law includes buildings, minerals or anything else below the surface, and the air space above  Fixtures  A chattel that is constructively or permanently attached to land  Feudal System  Land was held as long as the holder of the land complied with a promise to provide the necessary armed men or services in support of the crown  If holder failed, land would revert (escheat) back to the crown  Main source of wealth historically  Crown always retained ownership, use to another  Historical Development  Tenure  A method of holding land granted by the Crown  Estates held were either free or unfree  Freeholds – had fixed services attached to them  Fee Simples  An estate in land that represents the greatest interest in land that a person may possess, and that may be conveyed, or passed by will to another, or that on an intestacy would devolve to the person’s heirs  Fee (feodum) in Latin ○ Means fief or estate  1660 – legislation eliminating personal-servitude feudal rights but the system of landholding remained  Estates in Land  Fee Simple  Canada – All land still owned by Crown and estates of land in fee simple granted by Crown patent to individuals  Crown often reserves right to minerals  Can dispose of land by way of sale, will, or inheritance  Escheat  The reversion of land to the Crown when a person possessed of the fee dies intestate and without heirs  Expropriation  The forceful taking of land by a government or government agency for public purposes  Estates in Land  Deed/Transfer  Written or printed instrument effecting legal disposition  Life Estate  An estate in land in which the right to possession is based upon a person’s lifetime  Life tenant should not commit waste ○ Deliberate destroying of property  Makes property harder to sell  Remainder man  A person who is entitled to real property subject to a prior interest and who acquires the fee when the prior estate terminates  Creation of Estates in Land  Estates in Land  Leasehold Estate ➢ Grant of the right to possession of a parcel of land for a period of time in return for the payment of rent to the landowner ▪ Contractual in nature  Estates in Land  Condominium  A form of ownership of real property, usually including a building, in which certain units are owned in fee simple and the common elements are owned by the various unit owners as tenants-in-common  Condominium Development  Defining the common elements from those owned exclusively by unit owners  Both pass on transfer of title  Condominium Management  Management through board or condominium corporation  Provide for insurance, common element expenses, enforce rules  Governed by by-laws – similar structure to corporations  Estates in Land  Co-operative Housing Corporations ➢ Group of persons acquires an indirect interest in land through a corporation ➢ Shareholders and tenants of the corporation  Lesser Interests in Land  Easements  A right to use the property of another, usually for a particular purpose  Dominant Tenement – a parcel of land to which a right of way or easement attaches for its better use  Servient Tenement – a parcel of land to a right-of-way or easement  Right of Way – a right to pass over the land of another, usually to gain access to one’s property  Lesser Interests in Land  Restrictive Covenant ➢ A means by which an owner of property may continue to exercise some control over its use after the property has been c
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