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Chapter 12

Law 2101 Chapter Notes - Chapter 12: Fee Simple, Life Estate, Easement


Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton
Chapter
12

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Property Law:
Property: Best described as a relationship between people
o Can be real property or personal property
o Real property: land and anything permanently attached to land fixed and not
movable
o Personal property: either tangible (can be touched, such as cars or furniture), or
intangible (cannot be touched, such as intellectual property)
1. Real Property:
Possessory interests in land; there are three types
1) Fee simple: the greatest interest that a person can have in real property
o Fee siple is hat e ooly efe to as oeship of piate popety
o If a person owns a house, they are said to enjoy fee simply in that property
2) Life estate: allows a person to live in the land for their lifetime only (rarely used,
because land is usually passed down via a will by the current land owner, or the
testator)
3) Leasehold interests: interests in a specific property that are limited to a specific
period of time, after which possession goes back to the original owner
o Created by a lease, the real property is given in exchange for payment of money
o Example: landlord and tenant agreement
Lesser Interests in Land:
o Easeet: gies a peso the ight to use a potio of aothe peso’s lad
(example; the right for Canada Post to come onto your property to put mail in
your mailbox)
o Right of Way: allos a peso to oss aothe peso’s lad usually to get to
their own land or to reach another location (ie a shared driveway)
o License: allows a person to use anothe peso’s lad fo a pofit
Joint Tenancy and Tenants in Common
o When two or more people own one parcel of real property (common when
married people own a home together)
Transfer and Registration of Interests in Land:
o Each province has a registry system in which interests in land are registered and
recorded
o Hybris types of ownership; example condominiums; allow people to combine
separate ownership of a residential unit together with common ownership of
other parts of land (ie lobby, swimming pool, elevators, etc.)
Lockmac Holdings LTD. v. Earle (1997)
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Peters v. Peters
Couple acquired a cottage
Transferred the property to their three sons, assuming they would each enjoy the
property equally as a familial residence
Mother dies, sons begins to get into arguments over when they can use the house in the
summer, payments, keeping the property managed, etc.
Judge saw that the three brothers could no longer manage the property as joint owners,
so there was an order for the sale of the property
Semelhago v. Paramadevan
Worked out a plan to finance a house which S was buying from P (S took out a mortgage
on his current house so he could pay for the new house from P)
Before the closing date, P told S that he had changed his mind and was not willing to sell
the house and refused to close the deal
S sued for breach of contract; the value of the house had increased; he was entitled to
the money on the new house (also, his original house had increased in value, so he said
he was entitled to that sum as well)
Trial court held that S was entitled to the increase of value
P appealed that “ should’t e etitled to oth ieases of the houses
The court of appeal allowed it
S appealed again
Supreme court reversed the appeal
2. Personal Property:
Either tangible (can be touched) or intangible (cannot be touched)
If goods are lost?
o The finder of the goods is entitled to it (finders keepers applies)
o If the goods are found on private property, the rule of finders keepers does not
apply
A bailment: when one person has possession of goods that belong to another person
o The bailor: the owner of the goods
o The bailee: the person in possession of the goods
o Bailments are very common in business transactions
Thomas V. Canada
Plaintiff (Thomas) received 18,000$ in his post box
Thomas nor his wife knew the sender (or the supposed recipient) of the money, nor
were they expecting the money
Thomas opened the envelope, not really paying attention to the address or shipper
Thomas took the money to the police; the intended receiver of the money denied that
he should hae eeied it, ad they ould’t idetify ho set it
Attorney General of Canada argued that Thomas was not entitled to the money; they
said it remained the property of Canada Post
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