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Estates & Interests in Land: Property

This document provides an overview of estates and interests in land under English law as it relates to Canada. It discusses various types of ownership interests like fee simple estates, life estates, leasehold estates, mortgages, easements, and restrictive covenants. It also covers joint tenancies, tenancies in common, and systems of land title registration including the Torrens system used in Western Canada and registry systems in Eastern Canada. Strata property concepts are also introduced including unit entitlement and common property ownership.

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45 views

Estates & Interests in Land: Property

This document provides an overview of estates and interests in land under English law as it relates to Canada. It discusses various types of ownership interests like fee simple estates, life estates, leasehold estates, mortgages, easements, and restrictive covenants. It also covers joint tenancies, tenancies in common, and systems of land title registration including the Torrens system used in Western Canada and registry systems in Eastern Canada. Strata property concepts are also introduced including unit entitlement and common property ownership.

Uploaded by

Freelansir
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ESTATES & INTERESTS IN LAND

„ LESSON #3

Instructor: Larry Wosk

PROPERTY
„ REAL

„ PERSONAL

PROPERTY OWNERSHIP
ENGLISH LAW – FOCUS NOT ON
OWNERSHIP OF LAND BUT ON
POSSESSION OF IT

„ CROWN HAS OWNERSHIP OF ALL LAND


IN CANADA

1
OWNERSHIP OF LAND IS
DIVISIBLE
„ CROWN GRANTS CERTAIN “BUNDLE OF
RIGHTS” IN LAND TO BE HELD BY
PRIVATE INDIVIDUALS

„ THOSE RIGHTS ARE DIVISIBLE

ESTATES IN POSSESSION
„ RIGHT TO OCCUPY AND USE
„ FREEHOLD
„ FEE SIMPLE
„ LIFE ESTATES
„ LIFE ESTATES PUR AUTRE VIE
„ LEASEHOLD

FEE SIMPLE
„ or “FREEHOLD” ESTATE

„ THE GREATEST “ESTATE” THAT A


PERSON CAN HAVE IN LAND

2
LIFE ESTATES & ESTATES PUR
AUTRE VIE
„ LIFE ESTATE - AN ESTATE IN LAND THAT
LASTS FOR THE LIFETIME OF THE
HOLDER (LIFE TENANT)

„ ESTATES PUR AUTRE VIE - AN ESTATE


BASED ON THE LIFE OF ANOTHER
PERSON

LEASEHOLD ESTATES
„ LEGAL INTEREST IN LAND CREATED
THROUGH A “LEASE”
„ EXISTS FOR A DEFINED PERIOD OF TIME

INTERESTS LESS THAN AN


“ESTATE”
„ MORTGAGE
„ EASEMENTS
„ RESTRICTIVE COVENANTS
„ BUILDING SCHEMES

3
MORTGAGE
(AN INTEREST IN LAND LESS THAN AN
ESTATE)
„ CREATED AS A SECURITY FOR A LOAN
MADE BY A LENDER

10

EASEMENTS

„ A PRIVILEGE ACQUIRED BY A
LANDOWNER FOR THE BENEFIT OF HIS
OR HER LAND OVER THE LAND OF
ANOTHER

11

EASEMENT REQUIREMENTS

„ IN ORDER TO CONSTITUTE AN EASMENT


AT LAW THERE ARE THREE (3) BASIC
REQUIREMENTS

12

4
EASEMENT

Easement
LAKE

LOT 1 LOT 2 LOT 3

PUBLIC
ROAD

13

SOME SPECIAL KINDS OF


EASEMENTS
„ RIGHTS OF WAY
„ RIGHTS TO LIGHT
„ RIGHTS TO SUPPORT

14

RESTRICTIVE COVENANTS
„ IMPOSES A RESTRICTION ON THE USE
OF ONE PERSON’S LAND FOR THE
BENEFIT OF ANOTHER PIECE OF LAND.

15

5
BUILDING SCHEME
„ ATTACHING TO TWO (2) OR MORE,
(USUALLY) RESIDENTIAL LOTS
„ DEVELOPER MAY WISH TO MAINTAIN
SOME DEGREE OF UNIFORMITY IN THE
USE OF LOTS TO PROTECT THEIR VALUE

16

CO-OWNERSHIP OF LAND
„ JOINT TENANCY

„ TENANCY IN COMMON

17

JOINT TENANCY
„ JOINT TENANCY – EACH CO-OWNER
OWNS AN UNDIVIDED INTEREST IN THE
WHOLE PROPERTY. MAIN FEATURE –
RIGHT OF SURVIVORSHIP

18

6
FOUR UNITIES REQUIRED
FOR JOINT TENANCY
„ UNITY OF TIME
„ UNITY OF TITLE
„ UNITY OF INTEREST
„ UNITY OF POSSESSION

SEVERANCE OF JOINT TENANCY

19

TENANCY IN COMMON
„ ONLY ONE UNITY – POSSESSION
„ NO RIGHT OF SURVIVORSHIP
„ TENANTS IN COMMON MAY HAVE
DIFFERENT SHARES IN THE PROPERTY

20

TITLE TO LAND
HISTORICALLY
AT COMMON LAW PROBLEMS DEVELOPED

DEED REGISTRATION DEVELOPED TO


SOLVE THE PROBLEMS OF THE OLD
SYSTEMS

21

7
REGISTRY SYSTEM
„ CENTRAL OFFICE FOR EACH LAND
DISTRICT
„ MAY REGISTER ANY INTEREST IN LAND
„ REGISTERED TITLE PREVAILS OVER
UNREGISTERED TITLE
„ DOMINANT IN EASTERN CANADA

22

LAND TITLE SYSTEM


„ TORRENS SYSTEM

23

INDEFEASIBILITY PRINCIPLE
„ SOMETHING THAT CANNOT BE
DEFEATED OR MADE VOID
„ GUARANTEES THE REGISTERED TITLE
OF AN INNOCENT PURCHASER WHO
PAYS FOR THE PROPERTY –
“INDEFEASIBILITY”

24

8
REGISTRATION OF CHARGES
„ INDEFEASIBILITY DOES NOT EXTEND TO
CHARGES

25

DOCTRINE OF NOTICE
„ NOTICE ORIGINALLY REQUIRED

„ TORRENS SYSTEM IMPACT

26

ASSURANCE FUND
„ CREATED TO DEAL WITH ERRORS OR
THE OPERATION OF THE SYSTEM ITSELF

27

9
OTHER ITEMS APPEARING ON
TITLE
„ CAVEAT
„ LIS PENDENS
„ LIENS
„ JUDGMENTS

28

B.C. PROPERTY TRANSFER TAX

„ 1% ON THE FIRST $200,000

„ 2% ON THE BALANCE

29

THE STRATA CONCEPT


„ SIMILAR TO OWNERSHIP OF ANY FEE
SIMPLE LOT
„ COMBINED WITH TENANCY IN COMMON
WITH THE OTHER OWNERS IN THE
COMMON PROPERTY

30

10
UNIT ENTITLEMENT
EACH STRATA LOT’S SHARE OF
OWNERSHIP OF THE COMMON
PROPERTY

31

SOURCES:
„ Baxter, D., Hamilton,S.W., & Ulinder, D.D.
Real Estate Finance in a Canadian Context
(1998) UBC Real Estate Division

32

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