Property Rights and Ownership Flashcards

In Ontario, what is 'adverse possession' and what are the requirements to claim it?

Answer: The acquisition of title to land through open, continuous, exclusive, and notorious possession for the statutory period, without the owner's permission

Adverse possession requires open, continuous, exclusive, and notorious possession of land without the owner's permission for the statutory limitation period. The possessor must treat the land as their own. Note: this generally does not apply under the Land Titles system in Ontario.

What is 'expropriation' and what rights do Ontario property owners have when their property is expropriated?

Answer: Government can take private property for public purposes, and owners are entitled to fair compensation, a hearing, and the right to challenge the amount of compensation

Expropriation allows government to acquire private property for public purposes. Under the Expropriations Act, property owners have the right to a hearing, fair market value compensation, and can challenge the compensation amount through an inquiry.

In Ontario, what is a 'lien' on a property?

Answer: A legal claim or charge against a property as security for a debt or obligation

A lien is a legal claim against a property that secures the payment of a debt or obligation. Common liens include mortgage liens, construction liens, tax liens, and judgment liens. They must generally be cleared before the property can be sold.

What is the 'Construction Act' (formerly Construction Lien Act) and how does it protect contractors in Ontario?

Answer: It allows contractors, subcontractors, and material suppliers to register a lien against a property for unpaid work or materials

The Construction Act provides contractors, subcontractors, and material suppliers with the right to register a lien against property when they have not been paid for work performed or materials supplied. It also establishes holdback requirements and prompt payment provisions.

In Ontario, what is a 'license' in property law and how does it differ from an easement?

Answer: A license is a personal, revocable permission to use land that does not create an interest in land, while an easement creates a lasting property interest

A license is personal permission to use someone's land that is revocable and does not create a property interest (it cannot be registered on title). An easement creates a property interest that runs with the land and binds future owners.

What is a 'mortgage' in Ontario property law?

Answer: A legal instrument that pledges property as security for repayment of a loan, giving the lender a registered interest in the property

A mortgage is a legal charge registered against the property that gives the lender (mortgagee) a security interest. The borrower (mortgagor) retains ownership but pledges the property as collateral. If the borrower defaults, the lender can enforce the security through power of sale or foreclosure.