Across
- 2. contract between tenant and landlord
- 6. when owner does without any heirs to the property the land reverts and becomes property of the government. That is escheat to the Crown.
- 8. in common having equal and undivided interest and right to use the whole property and cannot exclude one another from certain parts. When a tenant dies, their interest is passed on in their will.
- 9. of title summary of result of the search = chain of tile.
- 14. Deed or Executor Deed conveying the property of the estate that they oversee. Research is required.
- 15. form of deed as lands is a form of security for repayment of debt.
- 17. property refers to anything other than land. Also commonly referred to as chattels.
- 19. a personal right in which someone has use to the land for a purpose.
- 20. Dying with a valid will.
- 21. of joint tenancy a legal mechanism to destroy a joint tenancy before death. Consent of the other joint tenant is not required.
- 23. property refers to land. One does not own real property meaning one does not own the land; one owns the rights to the land.
- 24. claim deed grantor releases any interest they have in a property. Its sketchy.
- 25. of easements mostly created by and express grant (deed grants easement to purchaser) or reservation/ implied grant (taken to court if they forgot to include in deed). Implied reservation is when vendor goes to court as they have landlocked themselves.
- 26. capacity The ability to understand what you are doing, what your assets are, who are they expected beneficiaries when creating a will.
- 28. If the beneficiaries are under the age of majority.
- 30. covenant where the purchaser of land promises not to use it in a way that would compete with other activities that are being carried on near land.
- 31. of Probate Granted by appropriate provincial court before executor can fulfill duties. This includes having the will proved by one of the witnesses and swearing of the oath by the executer.
- 32. sales contracts possession has been passed to another person but ownership lies with the seller. Sale is conditional upon full payment.
- 34. of leases When current landlord transfers benefits of leases to a new landlord at the time of sale of the leased property. Tenant is also allowed to assign rights under lease to a new tenant.
- 35. Estates exist only during the lifetime of an individual. Commonly used in the past to pass on wealth to heirs.
- 36. tenement/burdened parcel land subject to the easement.
- 38. of title Title back at lest 60 years. In NS, it is 40 years.
- 40. if easement is used openly and consistently for 20 years. The easement continues to run even if the ownership of land is transferred,
- 41. person making the will
- 42. Two legal definitions. First is property as a tangible, physical thing. Second is “ownership, the unrestricted and exclusive right to a thing.” That is the intangible idea of title and ownership of the object.
- 43. terminated before end of term of the lease if landlord agrees.
- 46. the right of repossession of land by the Crown, often for use of the public.
- 49. when tenant leases the interest in a property to a new tenant, though are still responsible for the under their own lease.
- 51. of Rectification deed that correct an errors in previous registered deed. Ex, adding an easement.
- 52. Intestacy Dies will no will. No executor is appointed, a personal representative is appointed (administrator)
- 54. Deed issued to purchaser after a sale.
- 56. Estates when a person is said to own a house, they own it for indefinite duration, that being a freehold estate. There are two types of freehold estates.
- 57. mortgages interest in a chattel as security for money lent & involves a third party.
Down
- 1. Deed grantor will compensate for any defect in the title. Normally used in Nova Scotia and PEI.
- 3. Grant best root of title possible. Previously un-granted land to a grant
- 4. Simple Estates the greatest interest a person can have in land. It is absolute ownership.
- 5. tenancy commonly when a husband and wife are both hold title to the family home. If one person dies, the interest disappears. The survivor now holds complete title. This is also known as right of survivorship.
- 7. Private conveyancing. Deed Registration—the Registry System. Title Regestration—the Land Titles System. All based on the English law and practice.
- 10. covenants primarily used as a form of land use control often found in subdivisions. Ex: cant paint house pink.
- 11. tenement land that benefits from the easement.
- 12. in escrow delivery subject to fulfillment of conditions (both partied have settled owing). Escrow is lifted when conditions are met.
- 13. Title Though a clear title is preferable (there are few), marketable title is one that is without flaws that a court would compel the purchaser to accept.
- 16. Estates Duration is a definite period of time called the “term” of the lease. Aka renting.
- 18. Personal property (chattels) that have become affixed to the real property. Ex: furnace, water heaters, a crop until it is harvested.
- 22. of title provision used in the Maritimes for dispute over ownership of land. Claim is posted in local newspaper. All further claims are heard in court. And certificates of title are issued to those with legitimate claims.
- 27. Person appointed by court when person dies intestate. Sears an oath and post a bond depending on the amount of the estate.
- 29. for valuable consideration pays for something for the license. Ex, paying for a parking spot.
- 32. ownership two or more people owning land at the same time. There are two main categories.
- 33. Existing in the Maritimes. Wife entitled to one-third life interest in her husband’s lands owned during their marriage. Developed as a measure to protect women ensuring they have an interest in husband lands.
- 35. Titles Clarification Act inexpensive method of title resolution for parcels of land.
- 37. Appointed in the will by the personal representative of the deceased testator.
- 39. Interest in neighboring lands for the land of subject. (driveway to lake property example)
- 44. license when owner of land allows someone to access their land with no consideration and that person doesn’t own adjacent lands.
- 45. agreement made by two or more parties by deed. May be positive or negative (compelling or restrictive).
- 47. title more specifically adverse possession. Aka squatting. They can take the title of ownership from the true owner if they are using it for more than 20 years.
- 48. Conveyancing conveying interest in land without recourse to public record. Not unheard of in Canada, usually rural areas when deed is given to people they know and do not register it.
- 50. System Look up by name for the property. Priority is given to the first registered deed. Almost any deed can be registered despite is vailditiy. The deed its-self does not prove title, only that a transaction has occurred.
- 53. when you make changes/add to a previously existing will. It must meet the same formal requirements of the will as well as refer to the existing will.
- 55. of easement if dominate land owner releases interest in the easement. Or by merger where the one person become the owner of both properties.