NCA Property Law

Question 1

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

Accepted Answer

Fee simple absolute

Answer

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

Question 2

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

Accepted Answer

Nemo dat quod non habet

Answer

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

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

It creates indefeasible title in the registered owner

Answer

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

Question 5

What is 'adverse possession' in Canadian property law?

Accepted Answer

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

Answer

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.

NCA Exam Practice Test

NCA Exam Practice Test

NCA Property Law