ANSWERS SURE A+
✔✔Conditions precedent - ✔✔- used in alberta
- party needs to waive or remove conditions for contract to proceed
- must be waived for contract to proceed
✔✔Bundle of rights - ✔✔right to possess, use, enjoy and sell the land
- lease/rent
- sell/give away
- enter/use/do nothing
✔✔Land - ✔✔includes physical ground and air space
characteristics;
- durable, rigid, immobile, unique, scarce
✔✔Real Estate vs Property vs Real Property - ✔✔Real estate
- Raw land + any improvements that are permanent or fixed
Property
- rights of ownership, intangible
Real Property
- land, real estate, and property rights
- rights include right to lease,sell or giveaway land
✔✔Types of Ownership - ✔✔Sole ownership
- one individual or company
- dower rights
Joint Tenancy
, - co-owners equal interest
- four conditions
- time, receive interests at same time
- title, all joint tenants must obtain title from same document
- interest, same type of ownership
- possession, undivided interest
if any of the conditions about are terminated switches to tenancy in common
Tenancy in Common
- may own different shares
✔✔Eminent Domain - ✔✔right of government to expropriate
✔✔Escheat - ✔✔government regains ownership if taxes arent paid
✔✔Encumbrances - ✔✔interests registered on title
- will transfer with title to new owner
✔✔Registered Encumbrance - Easement - ✔✔right to use land in common with others
ex. access roads, walkways, parking rights
conservation easement - voluntary agreement, runs with land
✔✔Registered Encumbrance - caveat - ✔✔notice/warning that someone is claiming an
interest in the land. Complicated sale
✔✔Registered Encumbrance - encroachments - ✔✔item being placed, erected/built on
adjoining property. If adjoining owner does not sign, cannot be built.
✔✔Registered Encumbrance - Restrictive Covenants - ✔✔restriction on
use/architectural detail
✔✔Registered Encumbrance - Liens - ✔✔financial claims, not mortgage
✔✔Registered Encumbrance - builders Liens - ✔✔in favor of party that did work, claim
for unpaid services in excess in $300
✔✔Registered Encumbrance - certificate of Lis Pendens - ✔✔notice that litigation is in
progress
✔✔Registered Encumbrance - leases - ✔✔in excess of 3 years
✔✔Registered Encumbrance - writs of enforcement - ✔✔written directive from court