Property Law Flashcards

In Canadian common law provinces, what interest does the mortgagor retain after conveying legal title to the mortgagee as security?

Answer: The equity of redemption — an equitable right to reclaim the property upon repayment

When a mortgage is created at common law, the mortgagor conveys legal title to the mortgagee as security but retains the equity of redemption — the equitable right to reclaim full title upon repaying the debt.

What is the mortgagor's 'equity of redemption' in mortgage law?

Answer: The mortgagor's equitable right to redeem the property by repaying the debt at any time before foreclosure

The equity of redemption is the mortgagor's equitable right to reclaim mortgaged property by paying the full debt at any time before the court extinguishes that right through foreclosure.

What is the legal process of 'foreclosure' in the context of mortgage law?

Answer: The judicial process by which the mortgagee permanently extinguishes the mortgagor's equity of redemption

Foreclosure is the court-supervised process that permanently extinguishes the mortgagor's equity of redemption, vesting unencumbered title in the mortgagee.

What is an 'easement' in Canadian property law?

Answer: A non-possessory right to use another person's land for a specific purpose

An easement is a proprietary non-possessory interest that entitles its holder to use the servient tenement for a defined purpose, such as a right of way or drainage.

According to the criteria established in Re Ellenborough Park, which of the following is required for an easement to be a valid property right?

Answer: There must be a dominant and servient tenement, the easement must accommodate the dominant land, and both tenements must be held by different persons

Re Ellenborough Park established that an easement requires: a dominant and a servient tenement, the right must accommodate and serve the dominant tenement, and the two tenements must be owned by different persons.

What is the key legal distinction between a 'lease' and a 'licence' in Canadian property law?

Answer: A lease grants exclusive possession of land; a licence grants only personal permission to use land without a proprietary interest

The decisive distinction is exclusive possession: a lease grants the tenant exclusive possession (including the right to exclude even the landlord except in specified circumstances), whereas a licence gives only personal permission to use the land.

What is the 'covenant of quiet enjoyment' implied in a lease under Canadian landlord-tenant law?

Answer: An implied landlord's promise that the tenant shall have peaceful, undisturbed possession without interference by the landlord or those claiming under the landlord

The covenant of quiet enjoyment is an implied (and often express) undertaking by the landlord that the tenant will have undisturbed possession of the premises, free from interference by the landlord or persons deriving title through the landlord.