LAW 703 Study Guide - Summer 2018, Comprehensive Midterm Notes - Mortgage Law, Government Of Ontario, Test Act
LAW 703
MIDTERM EXAM
STUDY GUIDE
Fall 2018
LAW703 – Lecture 1
Legal System = Common Law
Common Law – Court Made Law
Statute Law – Gov’t Made Law
Public
- Constitutional law
- Criminal law
- Tax law
- Administrative law
Private Law
- Tort law
- Contract law
- Property law
Hierarchy of Law
- The Constitution
- Legislation
- Courts
oInterpret and apply constitution and legislation
oCreate and apply common law
Division of Powers – Constitution (Slide 21)
- Federal Powers – Section 91
- Provincial Powers – Section 92
- Predominantly, Real Estate is governed by provinces
Charter of Rights and Freedoms
- Protects basic rights and freedoms
- Section 2 (Slide 26) = Fundamental Rights
oNo property rights therefore gov’t can regulate real estate.
Regulate development
Regulate resource industries
Protect environment
Restrict foreign ownership
Authorities for Real Estate
Provinicial Statutes
Court Decisions
Municipalities
Provincial Delegated Authorities
oTARION
oRECO
find more resources at oneclass.com
find more resources at oneclass.com
LAW703 – Lecture 1
oCondominium Authority
Provincial Tribunals
oResidential Landlord and Tenant Board
oCondominium Tribunal
oAssessment review board
oOntario municipal board
History of Real Estate
Feudal System
King
TIC
Quia Emptores
Statute of Wills
Statute of Tenures
Interests in Land
Estates in land – a right a person can enforce with respect to a particular piece of land
oAn exclusive right to possess land for a period of time
oImportant distinction between contract and interest
Contract- enforceable against parties to the contract
Interests – enforceable against anyone
Fee Simple Estate – largest package of rights that a person can hold in real estate
- Not absolute ownership
- Indefinite period
- Exclusively possess and use
- Right to benefit from land
- Right to dispose of land
- Right to lease
- “Use and Abuse”
Limitations:
- Not Commit Torts
oOccupiers liability
oNuisance
oRyland V Fletcher (strict liability for landowners for damage caused by dangerous
substances/elements which escapes from their land and damages others.)
- Subject to Laws and regulations
oZoning
oEnvironmental
oEtc.
- Subject to expropriation
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Courts: interpret and apply constitution and legislation, create and apply common law. Section 2 (slide 26) = fundamental rights: no property rights therefore gov"t can regulate real estate. Provincial tribunals: residential landlord and tenant board, condominium tribunal, assessment review board, ontario municipal board. Estates in land a right a person can enforce with respect to a particular piece of land: an exclusive right to possess land for a period of time, important distinction between contract and interest. Contract- enforceable against parties to the contract. Fee simple estate largest package of rights that a person can hold in real estate. Not commit torts: occupiers liability, nuisance, ryland v fletcher (strict liability for landowners for damage caused by dangerous substances/elements which escapes from their land and damages others. ) Subject to laws and regulations: zoning, environmental, etc. Law703 lecture 1: gov"t has the right to take your property.
