RE - UBC Real Estate Licensing -
LESSON 1 - Preface (Introduction to
Real Estate)
Land Ownership - ANS-- "Ownership may be defined in terms of control"
- "In the context of land, ownership involves control of the right to use land (in terms of both who
and how) and control of the decision to transfer all or a portion of these rights to others."
- "In Canada, the only owner of land in these terms is the Crown"
What can the Crown with their land - ANS-- "the Crown can "evict" anyone from land if it
chooses; this power is contained in statutes of expropriation and property taxation. Further, the
Crown can determine how land is to be used through building codes and land use zoning. Thus,
in a strict legal sense, land ownership is vested in the Crown, with private individuals only
holding certain rights granted at the discretion of the Crown."
Fee simple - ANS-"Fee simple owners are subject only to:
1. the Crown's right of expropriation and tax sale;
2. the Crown's land use and building regulations; and
3. Other individuals' common law rights."
- fee simple owners may dispose of their interests
in total (by sale),
- may grant all of their rights away for a defined period of time (e.g., under a ninety-nine year
lease),
- or may grant a portion of their rights away (through the creation of an interest that is less than
an estate, such as a licence or easement)
- "In summary, absolute ownership of land does not exist in Canada; rather, certain rights with
respect to land may be owned by individuals subject to the rights of the Crown."
First Nations Land - what are the three unique property rights of first nations groups - ANS-1.
Federal reserve lands under the Indian Act.
2. Treaty settlement lands.
3. Aboriginal Title.
Property rights of first nations groups - 1. Federal reserve lands under the Indian Act. -
ANS-These are lands owned by the federal government for the use and benefit of First Nations
Groups. Although First Nations do not own reserve lands, First Nations have a collective right to
use and occupy those lands allocated to them.
, Property rights of first nations groups - 2. Treaty settlement lands. - ANS-Since the year 2000,
certain treaties have been negotiated between British Columbia and various First Nations
groups. Lands that are subject to treaties are owned by the respective First Nations groups in
fee simple. First Nations groups have extensive governance authority over treaty lands.
Property rights of first nations groups - 3. Aboriginal Title. - ANS-Canadian courts have
concluded that Aboriginal land rights survived European settlement and remain valid unless
extinguished by treaty. In particular, courts have found that, while the Crown acquired the
underlying title to all land at the time of sovereignty, this title is burdened by Aboriginal peoples'
pre-existing legal rights to use and occupy certain lands, otherwise known as "Aboriginal title".
Aboriginal title is a unique interest in land that the Supreme Court of Canada has said cannot be
explained using traditional property law concepts. Aboriginal title can be established by
Aboriginal peoples either through court declarations or through contractual agreements between
Aboriginal groups and the Crown. Once Aboriginal title has been established, the group who
has established title will have "the right to decide how the land will be used; the right of
enjoyment and occupancy of the land; the right to possess the land; the right to the economic
benefits of the land; and the right to pro-actively use and manage the land."
Elements of The Real Estate Market: - ANS-- Real Property Law
- Participants in The Real Estate Market that you will either deal or network with as a real estate
agent
- Residential and Industrial, Commercial and Investment (IC&I) Real Estate Markets
Real Property Law - ANS-"The unique characteristics of land have resulted in a specific body of
law: the law of real property"
"Under the general heading of real property law, topics include estates and interests in land, title
registration, commercial and residential tenancies, strata titles and cooperatives and the rights
under and limitations imposed by contract, common law and statute law. Special attention will
also be given to how land use planning controls affect these rights and limitations."
"There may be many different individuals owning interests in a parcel of real property at any one
time; a single piece of real estate may involve the interests of a fee simple owner, a landlord and
one or more tenants, a borrower and one or more lenders, as well as the private and public
rights which affect the use and enjoyment of the property. Real property law has developed to
provide legal protection and outline responsibilities for the holders of these different interests
and it also governs the process by which these various rights to use land are traded."
Participants in The Real Estate Market that you will either deal or network with as a real estate
agent: - ANS-- The Buyer:
- The Seller:
- Real Estate Licensee:
- Appraisers: Lawyers and Notaries Public:
- Home and Property Inspectors: Surveyor:
- Real Property Assessors: Rental Property Managers:
- Strata Managers:
LESSON 1 - Preface (Introduction to
Real Estate)
Land Ownership - ANS-- "Ownership may be defined in terms of control"
- "In the context of land, ownership involves control of the right to use land (in terms of both who
and how) and control of the decision to transfer all or a portion of these rights to others."
- "In Canada, the only owner of land in these terms is the Crown"
What can the Crown with their land - ANS-- "the Crown can "evict" anyone from land if it
chooses; this power is contained in statutes of expropriation and property taxation. Further, the
Crown can determine how land is to be used through building codes and land use zoning. Thus,
in a strict legal sense, land ownership is vested in the Crown, with private individuals only
holding certain rights granted at the discretion of the Crown."
Fee simple - ANS-"Fee simple owners are subject only to:
1. the Crown's right of expropriation and tax sale;
2. the Crown's land use and building regulations; and
3. Other individuals' common law rights."
- fee simple owners may dispose of their interests
in total (by sale),
- may grant all of their rights away for a defined period of time (e.g., under a ninety-nine year
lease),
- or may grant a portion of their rights away (through the creation of an interest that is less than
an estate, such as a licence or easement)
- "In summary, absolute ownership of land does not exist in Canada; rather, certain rights with
respect to land may be owned by individuals subject to the rights of the Crown."
First Nations Land - what are the three unique property rights of first nations groups - ANS-1.
Federal reserve lands under the Indian Act.
2. Treaty settlement lands.
3. Aboriginal Title.
Property rights of first nations groups - 1. Federal reserve lands under the Indian Act. -
ANS-These are lands owned by the federal government for the use and benefit of First Nations
Groups. Although First Nations do not own reserve lands, First Nations have a collective right to
use and occupy those lands allocated to them.
, Property rights of first nations groups - 2. Treaty settlement lands. - ANS-Since the year 2000,
certain treaties have been negotiated between British Columbia and various First Nations
groups. Lands that are subject to treaties are owned by the respective First Nations groups in
fee simple. First Nations groups have extensive governance authority over treaty lands.
Property rights of first nations groups - 3. Aboriginal Title. - ANS-Canadian courts have
concluded that Aboriginal land rights survived European settlement and remain valid unless
extinguished by treaty. In particular, courts have found that, while the Crown acquired the
underlying title to all land at the time of sovereignty, this title is burdened by Aboriginal peoples'
pre-existing legal rights to use and occupy certain lands, otherwise known as "Aboriginal title".
Aboriginal title is a unique interest in land that the Supreme Court of Canada has said cannot be
explained using traditional property law concepts. Aboriginal title can be established by
Aboriginal peoples either through court declarations or through contractual agreements between
Aboriginal groups and the Crown. Once Aboriginal title has been established, the group who
has established title will have "the right to decide how the land will be used; the right of
enjoyment and occupancy of the land; the right to possess the land; the right to the economic
benefits of the land; and the right to pro-actively use and manage the land."
Elements of The Real Estate Market: - ANS-- Real Property Law
- Participants in The Real Estate Market that you will either deal or network with as a real estate
agent
- Residential and Industrial, Commercial and Investment (IC&I) Real Estate Markets
Real Property Law - ANS-"The unique characteristics of land have resulted in a specific body of
law: the law of real property"
"Under the general heading of real property law, topics include estates and interests in land, title
registration, commercial and residential tenancies, strata titles and cooperatives and the rights
under and limitations imposed by contract, common law and statute law. Special attention will
also be given to how land use planning controls affect these rights and limitations."
"There may be many different individuals owning interests in a parcel of real property at any one
time; a single piece of real estate may involve the interests of a fee simple owner, a landlord and
one or more tenants, a borrower and one or more lenders, as well as the private and public
rights which affect the use and enjoyment of the property. Real property law has developed to
provide legal protection and outline responsibilities for the holders of these different interests
and it also governs the process by which these various rights to use land are traded."
Participants in The Real Estate Market that you will either deal or network with as a real estate
agent: - ANS-- The Buyer:
- The Seller:
- Real Estate Licensee:
- Appraisers: Lawyers and Notaries Public:
- Home and Property Inspectors: Surveyor:
- Real Property Assessors: Rental Property Managers:
- Strata Managers:
