Property Rights and Ownership Flashcards
6 cards from real OREA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Property Rights and Ownership flashcards as text
In Ontario, what is 'escheat' in property law?
Answer: The reversion of property to the Crown when a person dies without a will and without heirs
Escheat is the legal principle whereby property reverts to the Crown (provincial government) when the owner dies intestate (without a will) and without any legal heirs. This ensures that property always has a recognized owner.
What is a 'profit à prendre' in Ontario property law?
Answer: A right to enter another person's land and take something of value from it, such as minerals, timber, or crops
A profit à prendre is a right to enter another person's land and remove something of value, such as minerals, timber, gravel, or crops. Unlike an easement, which is a right to use land, a profit à prendre involves taking something from the land.
In Ontario, what is a 'right-of-way' and how does it affect property ownership?
Answer: A type of easement that grants the right to pass over another person's property, often for access purposes
A right-of-way is a specific type of easement that grants the right to travel across another person's property. It is commonly created for landlocked properties that need access to a public road, or for utility access.
What is 'dower' and does it still apply in Ontario?
Answer: Dower was a wife's common law right to a life estate in her husband's lands, but it has been abolished in Ontario and replaced by Family Law Act provisions
Dower was a common law right giving a wife a life estate in one-third of her husband's lands. It has been abolished in Ontario and replaced by the spousal rights provisions under the Family Law Act, including matrimonial home protections.
In Ontario, what is 'air rights' in property law?
Answer: The right to use and develop the space above a parcel of land, which can be separately owned, leased, or transferred
Air rights refer to the right to use and develop the airspace above a property. In urban areas, air rights can be valuable and may be separately owned, leased, or transferred, allowing development above existing structures.
What is a 'remainder interest' in Ontario property law?
Answer: A future interest in property that takes effect after the termination of a prior estate, such as a life estate
A remainder interest is a future estate in property that becomes possessory upon the natural termination of a prior estate. For example, when a life tenant dies, the property passes to the remainderman who holds the remainder interest.