Property Law Flashcards

What is the fundamental distinguishing feature between joint tenancy and tenancy in common?

Answer: Joint tenancy includes the right of survivorship; tenancy in common does not

The defining feature of joint tenancy is the right of survivorship, whereby a deceased joint tenant's interest passes automatically to the surviving joint tenants rather than through the deceased's estate.

What are the four unities required to create a valid joint tenancy at common law?

Answer: Possession, interest, title, and time

Joint tenancy requires unity of possession, interest, title, and time — all co-owners must hold identical interests, acquired simultaneously under the same instrument.

How may a joint tenant unilaterally sever a joint tenancy under Canadian common law?

Answer: By transferring their interest to a third party or, in some provinces, to themselves

A joint tenancy is severed when one joint tenant alienates their interest to a third party (or in some jurisdictions to themselves), destroying the unity of title and converting that share into a tenancy in common.

What is a 'restrictive covenant' in Canadian property law?

Answer: A promise restricting land use that binds successors in title when properly constituted

A restrictive covenant is a promise by a landowner to restrict the use of their land that, if properly created at equity, runs with the land and binds future owners of the burdened parcel.

Under the equitable rules derived from Tulk v Moxhay, which of the following is NOT a requirement for a restrictive covenant to run with the burdened land?

Answer: The covenant must be registered in the local land titles office

Registration is a requirement under provincial land titles statutes to bind subsequent purchasers for value, but it is not one of the four Tulk v Moxhay equitable requirements for the covenant to run with the land.

What is a 'profit à prendre' in Canadian property law?

Answer: The right to enter another's land and extract a natural resource such as timber, minerals, or game

A profit à prendre is a proprietary right to enter the servient land and sever and take some natural product from it, such as timber, fish, peat, or minerals.

Under the Torrens indefeasibility principle, which statement best describes the protection afforded to a registered owner?

Answer: It protects a bona fide purchaser's registered title against most prior unregistered interests

Indefeasibility means that a bona fide purchaser who registers their interest takes title free from most prior competing unregistered interests, subject to statutory exceptions such as fraud and overriding interests.