OREA Property Rights and Ownership 3

Question 1

In Ontario, what is 'escheat' in property law?

Accepted Answer

The reversion of property to the Crown when a person dies without a will and without heirs

Answer

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.

Question 2

What is a 'profit à prendre' in Ontario property law?

Accepted Answer

A right to enter another person's land and take something of value from it, such as minerals, timber, or crops

Answer

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.

Question 3

In Ontario, what is a 'right-of-way' and how does it affect property ownership?

Accepted Answer

A type of easement that grants the right to pass over another person's property, often for access purposes

Answer

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.

Question 4

What is 'dower' and does it still apply in Ontario?

Accepted 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

Answer

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.

Question 5

In Ontario, what is 'air rights' in property law?

Accepted Answer

The right to use and develop the space above a parcel of land, which can be separately owned, leased, or transferred

Answer

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.

Ontario Real Estate Practice Test

Ontario Real Estate Practice Test

OREA Property Rights and Ownership 3