NCA Property Law 2

Question 1

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

Accepted Answer

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

Answer

Joint tenancy allows unequal shares; tenancy in common requires equal shares

Answer

Joint tenancy can only be created between spouses; tenancy in common is available to all

Answer

Joint tenancy requires court approval; tenancy in common arises automatically

Question 2

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

Accepted Answer

Possession, interest, title, and time

Answer

Title, time, interest, and intention

Answer

Capacity, intention, writing, and registration

Answer

Possession, purpose, title, and terms

Question 3

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

Accepted Answer

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

Answer

By making a will leaving their share to a third party

Answer

By giving written notice of severance to all co-tenants

Answer

Only by obtaining a court order for partition

Question 4

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

Accepted Answer

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

Answer

A personal contractual promise not to compete in business

Answer

A lender's covenant in a mortgage requiring timely payments

Answer

A municipal bylaw restricting residential development

Question 5

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?

Accepted Answer

The covenant must be registered in the local land titles office

Answer

The covenant must be negative (restrictive) in nature

Answer

The covenant must touch and concern the burdened land

Answer

The covenantee must retain land that is benefited by the covenant

Question 6

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

Accepted Answer

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

Answer

A right to share in the profits of a commercial enterprise on neighbouring land

Answer

A mortgagee's right to take possession of property upon default

Answer

A co-owner's right to receive rental income from jointly held property

Question 7

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

Accepted Answer

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

Answer

It bars the Crown from expropriating registered land without consent

Answer

It makes all land sales final and immune from rescission for any reason

Answer

It completely eliminates adverse possession claims against registered land