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 a 'fixture' versus a 'chattel' in property law?
Answer: A fixture is an item permanently attached to the property that becomes part of the real estate; a chattel is a movable personal property item
A fixture is an item that was once personal property but has been attached to the land or building so as to become part of the real property (e.g., built-in cabinets, furnace). A chattel remains movable personal property (e.g., furniture, appliances) and is not included in the sale unless specifically agreed.
What test does Ontario law use to determine whether an item is a fixture or a chattel?
Answer: The degree of annexation (how attached it is) and the object of annexation (whether it was intended to be permanent)
Ontario courts use two main tests: the degree of annexation (how firmly the item is attached to the property) and the object or purpose of annexation (whether the item was intended to enhance the property permanently or remain personal property).
In Ontario, what is a 'prescriptive easement'?
Answer: An easement acquired through continuous, open, and uninterrupted use of another's land for a statutory period without permission
A prescriptive easement is acquired when someone uses another person's land openly, continuously, and without permission for the statutory limitation period (typically 20 years under the Registry system). Like adverse possession, prescriptive easements are generally not available under the Land Titles system.
What is a 'possessory title' in Ontario's Land Titles system?
Answer: A form of title that is subject to any interests that existed at the time the property was first registered, without the full guarantee of the Land Titles system
Possessory title is a category of title under the Land Titles system that provides registration but is subject to any claims or interests that existed when the property was first registered. It lacks the full guarantee provided by absolute title.
In Ontario, what is 'partition and sale' in co-ownership?
Answer: A legal remedy available to co-owners to divide the property or force its sale when co-owners cannot agree on the property's use or disposition
Partition and sale is a court-ordered remedy available to co-owners who cannot agree on the use or disposition of their property. The court can order the property to be physically divided (partition) or sold (sale), with proceeds distributed among the co-owners.
What is 'trespass' in Ontario property law?
Answer: The unauthorized entry onto another person's property without permission or legal authority
Trespass is the unauthorized entry onto another person's land without permission or legal authority. In Ontario, the Trespass to Property Act makes trespass an offence and gives property owners the right to prohibit entry and seek damages.