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

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.

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

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

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

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.

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 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.

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

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.

NCA Exam Practice Test

NCA Exam Practice Test

NCA Property Law 2