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REAL ESTATE LAW703 - RYERSON- ALL CLASSES AND EXAM NOTES INCLUDED

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Legal System • Common Law = court made law • Statute Law = gov't made law Division of Powers • Federal law effects real estate bc they can indirectly regulate it o Ex. Real estate developers cannot build tall buildings near airports Jurisdiction Over Real Estate • Provincial law has jurisdiction over real estate Conflicts/Disputes • Federal vs. Province • Municipality vs. Province • City of Toronto wants new revenue generations tools • Building and financing affordable housing • Airports • Waterfront development • Waterways Charter of Rights and Freedoms • No property rights (to own and enjoy property) • Gov't can regulate real estate o Regulate real development (ex, zoning, planning, subdividing) o Regulate resource industries o Protect environment o Restrict foreign ownership • Protects us from the gov't (any authority), however, in the charter, there are no property rights which means that gov't can infringe upon our property rights Jurisdiction & Authority over real estate • Provincial Delegated Authorities o TARION: if you fall w/n warranty, you can make a TARION claim o Real estate council in Ontario • Regulates real estate agents o Condominium Authority • This authority also has a tribunal, tribunal will be decision makers wil solve decision b/w tenants and tenors Brief History of Real Estate • King makes deals with ppl to use his land in return for: o Loyalty o Fight for him o Work the land o Give him stuff (ex. Crops) *refer to diagram #1 Real Estate Ownership • Rights to surface o Reasonable amt of sub surface o Reasonable amt of air space Privity Doctrine Estates and Interest Life Estates Restrictive Covenants Mineral Leases "ML" Profit of Prendre (Interest in Land) Leasehold Estate "Running with the Land" Land Registration Systems Registry System (OLD) Land of Titles Systems ETC

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Uploaded on
January 4, 2022
File latest updated on
January 4, 2022
Number of pages
11
Written in
2021/2022
Type
Class notes
Professor(s)
Nick iannazzo
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All classes

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Law 703 – Real Estate – week 1




GROUP DISCUSSION:
Trends:
 Mortgage stress test = harder for buyers to quality – more rental = rent goes up
o Hard to qualify = go to alternate lenders
 Sustainability impact = environment green
 Foreign investors are going up
o = non resident specialization tax = going up (Vancouver - now 20%). 15% in Toronto
o vacant units = bad for locals because prices go up, and locals cant afford
o good if you already own a home because foreign buyers are driving the prices up, but bad if you don’t own = because cant afford
 prices decreased ($780K)
o number of sales decrease 16.1%
 block chain machine learning
o digital
 shared economy
o airbnb – if investor = good because buying it to rent them out to short term = not subjected to rent control = but hurts the long term
renting market
o
 mortgage rates

, o bank of Canada keeping rates the same, not harder to get finance – suppose to support the market going upwards
o but the stress test is still making it harder to qualify
 industrial = online retail = buying more distribution space = vacancy rate lower
 retail
o amazon e stores = automate
o retail = going down because of online stores
o banks going online = closing branches
 retirement housing
 rent controls



WEEK ONE
1. Why study real estate law?
2. Legal System
3. Constitution Act (Division of Powers & Charter)
4. Brief History
5. Estates & Interests
6. Land Recording Systems
7. Priorities
8. Control over Subdivision of Land

Why study real estate law?
• Important
o Housing
o Business
o Environment
• Impacts financial institutions
• Impacts governments
• Manage risk in buying, selling, owning and managing real estate
Legal System
• Common Law System
• (except Quebec)
• Common Law = Statute Law + Common Law
• Statute Law – gov’t made law
• Real estate = cant moved = vulnerable to gov intervention
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