Property Law Flashcards

What is the highest and most complete form of ownership interest in land under Canadian common law?

Answer: Fee simple absolute

Fee simple absolute gives the owner unlimited rights to use, sell, or devise the property with no restrictions on duration or transferability.

Which Latin maxim reflects the principle that a person cannot transfer greater title in property than they themselves possess?

Answer: Nemo dat quod non habet

Nemo dat quod non habet ('no one gives what they do not have') prevents a transferor from conveying more title than they actually hold.

What is a 'life estate' in Canadian property law?

Answer: A property interest lasting for the duration of a named person's life

A life estate is a possessory interest measured by the life of the holder or, in pur autre vie arrangements, by the life of a named third party.

Under the Torrens land registration system used in most Canadian provinces, what is the primary legal effect of registration?

Answer: It creates indefeasible title in the registered owner

The Torrens system grants indefeasible (unchallengeable) title to a bona fide registered owner, subject to limited statutory exceptions such as fraud.

What is 'adverse possession' in Canadian property law?

Answer: Acquisition of title through long, open, continuous, exclusive, and hostile possession for the statutory period

Adverse possession allows a possessor who holds land openly, continuously, exclusively, and without the owner's permission for the statutory limitation period to acquire legal title.

What is a 'remainder' interest in property law?

Answer: A future interest that vests in a third party upon the natural termination of a prior possessory estate

A remainder is a future interest held by a third party that becomes possessory when a prior estate (such as a life estate) ends naturally according to its own terms.

Which of the following correctly describes a 'fee tail' estate?

Answer: An estate that descends only to the lineal heirs of the original grantee

A fee tail is a hereditary estate restricted to lineal descendants; most Canadian common law provinces have abolished it by statute, converting it to fee simple.