Law 2101 Chapter Notes - Chapter property: Leasehold Estate, Property Law, Beachbody
27 Apr 2018
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Property law- readings
Readings: P2- P10
• Property is best described as a relationship between people
• Property is either real property or personal property
o Real property land or anything permanently attached to the land
• Fixed and not moveable
o Personal property is not real property
• Either tangible or intangible
• Ex. Furniture or accounts receivable
• In North America, our economic systems are capitalist systems
o The heart of a capitalist system is, capital, which is essentially property
o Accordingly, the laws of property are central to the maintenance and regulation of capitalist
economies
Possessory Interests in Land
• Fee simple
o Greatest private interest that a person can have in real property
o Refer to as 'ownership'
o Not paramount
o May be defeated by easements, rights of way, adverse possession or government
expropriation
o If a person owns a house, they are said to enjoy fee simple in that property
• Life estate
o Rarely used interest in land which allows a person to live on the land for their lifetime only
o After the person dies, the land is transferred to another person
o Used primarily in estate planning where a testator (person making the will) wants to ensure
that a person will have the benefit of living on the land for their entire lifetime
• Leasehold estate
o Interests in real property that are limited to a specific period of time, after which possession
of the land reverts back to the owner
o May be residential or commercial
o Created by a lease agreement
Lesser Interests in Land
• Easement
o Gives a person the right to use a portion of another person's land, usually for a particular
purpose
o Ex. The right of Canada post to enter onto property for the purpose of delivery mail
• Right of way
o Allows a person to cross another person's land usually to get to their own land or to reach
another location (beach/body of water)
o Ex. A shared driveway
• License
o Allows a person to use another persons land for profit
o Ex. The right to operate a golf course on municipally owned land
• Mortgage
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o Gives the holder (the mortgagee) the right to take possession of and sell the real property, if
the debtor (mortgagor) defaults
Joint Tenancy and Tenants in Common
• When 2 or more people own one parcel of real property, they are either joint tenants or tenants
in common
• Joint tenants
o Equal share in the real property
o When 1 joint tenant dies, the other inherits the deceased person's interest
o Common when married people own a home together
• Tenants in common
o Don't have an equal share in the property
o No right of survivorship
• If 1 tenant dies, their interest goes to their heirs, not to the surviving joint tenant
o Common when people own a property for business purposes, such as an income property
Transfer and Registration of Interests in Land
• Each province has a registry system in which interests in land are registered and recorded
• The register can be searched to determine who owns a particular parcel of land, and whether
there are any other registered interests in the land
Lockmac Holdings Ltd v. Earle
• See textbook
Peters v. Peters
• Donald peters and Ruth peters both owned a cottage property
• 20 years later they decided to transfer the property to their 3 sons, each to an undivided 1/3
interest
• At the time of transfer, the parents anticipated that their 3 sons would continue to enjoy the
property as a family residence
• Within 1 year of their mothers death, difficulties arose between the 3
o Centered around the scheduling of times when each was entitled to occupy the property
during the summer months, the payment of bills relating to the property, and disputes over
the maintenance, upkeep and capital improvements that were necessary
• There can be no doubt that the respondent Kent is still in a position where he is willing to come to
an accommodation in terms of structuring a schedule for the use of property, and for the payment
of bills and maintenance
• The relationship between the 3 brothers has now reached the point where all 3 of them agree
that it would be virtually impossible for them to continue as joint owners in the absence of being
able to come to some very fundamental agreements as to how this property can be jointly
occupied
• Accordingly, the order was sale of this property
Semelhago v. Paramadevan
• Semelhago agreed to buy a house under construction in the Toronto area from the Paramadevan
for $205,000
• To finance the purchase, Semelhago was going to pay $75,000 cash plus $130,000 which he was
going raise by mortgaging his current house
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