Property Law Notes
Updated Property Law Notes
Property Law
Concise outline of property law....
The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PROPERTY: CONDENSED OUTLINE
| TOPIC | PRINCIPLES AND CASES |
|---|---|
| Aboriginal rights and title | -early sources describe it as usrufuctary, personal (St. Catherine’s Milling) -BC denied that title was a legal burden until land claims process started -Calder shifted legal landscape, began to view title as sui generis -Sparrow: test for extinguishment, infringement and justification -Van der Peet: right must exist pre-contact -Gladstone: justification of infringement expanded -Delgamuukw: -title is sui generis, inalienable, arises from prior occupation and rels bw CL and FN teneurial system, held communally -to make a claim for title, group must prove: pre-occupation, continuity in occupation, exclusivity in occupation at sovereignty -province cannot extinguish rights pre or post Confed -limits: not fee simple, equitable waste analogy, can be infringed -Bernard/Marshall: title narrowed, exclusive possession of intention and capacity to control land is required -Haida: duty to consult is a constitutional obligation, rooted in honour of crown, fiduciary duty; duty to accommodate; scope depends on impact on title -impact of jurisprudence on property law: CL/FN land rights remain contentious, treaties, criminal cases (e.g. hunting), challenging of fed programs thru CH, cultural property -reserves: reg by unique property rules, IA transferred framework for reserve allocation and mgmt. into a default system; FN Land Mgmt Act> empowers FN to est land codes -Metis title: unique, 3 forms |
| Equitable Interests | |
| Historical Background, Statute of Uses | -feudal origins: feeoffer/settlor (possessor) transferred land to feeoffee/trustee, who became legal owner, held land for beneficiary, the equitable owner> problematic as beneficiary lacked legal rights -Statute of Uses: -executed the use (means to transfer land) by reuniting legal w/equitable title for beneficiary -attempted to close tax loophole that was by elite -exhausting the use: lawyers were able to reinstate loophole by adding another party to initial grant as the statute only applied to the 1st use> resulted in the modern law of trusts -revolutionized land conveyance (deed, land registration system developed) -shaped modern will enactments |
| Trusts | -all trusts rely on equitable remedies -highlight difference bw equitable and legal ownership -types: i) express- explicitly created ii) resulting iii) constructive- institutional, remedial, real estate transactions iv) trust- like obligations, e.g. fiduciary |
| Resulting Trusts | -can result from: trust not being properly disposed, if trust contradicts public policy, if there is a gratuitous transfer, common intention (mostly replaced by constructive trust) -presumption of constructive trust: as equity assumes bargains and not gifts, if property is not disposed of and trustee has not given any consideration to settlor, then the trust is presumed to advance back to settlor, can be rebutted w/evidence of intent of settlor, but BoP is on transferee (Pecore) -presumption of advancement: a gift is held to exist in context of gratuitous transfers bw spouses and parents/children, but this does not apply to adult children (Pecore) |
| Constructive Trust | -imposed by equity, do not concern intent but justice to remedy unjust enrichment or prevent wrongful acts -institutional trusts may be found where (Soulos) -equitable obligation bw parties that gives rise to D’s acquisition of the assets -assets were acquired by D from breach of equitable obligations -P must show legitimacy for proprietary remedy ($ inadequate) -no other factors rendering trust unjust -remedial trusts: -means to respond to unjust enrichment, need not provide remedy for wrongs -test if it should be ordered: (Peter, Rathwell) -enrichment that occurs w/o compensation to other party -deprivation of P on behalf of D -no juristic reason for enrichment (i.e. if there was legal obligation or it supports policy) -link bw services rendered and property in dispute -$ compensation must be inadequate -domestic contributions can = a claim for unjust enrichment, can apply for CL couples (Peter) -real estate: in signing of sale of land K, land can be held in constructive trust for purchaser |
| Acquisition and transfer of land | |
| i. Crown Grant | -occurs by letters patent, is irrevocable (why there are expropriation acts) -s. 50 LA: outlines what owner receives w/grant and what rights the crown reserves |
| ii. Intervivos transfers, by gift or K | -purchaser would enter into K (reqmts in s. 59 LEA), title would transfer and then would need to be registered -LTA: reqmts for transfer (ss. 185-6, 20, 22) -PLA: ss. 4-7, 15-16 -ct of equity enforces K- can construct a trust -Semelhago: shifted framework (before was conceived as owner in equity), held that property that is not unique may not be subject to SP |
| iii. Will or intestacy | -EAA: ss. 71, 77, 78, 79, 83: rights of transfer of spouses, executors; what happens in case of intestacy -WA: ss. 3-5: reqmts of a valid will -LEA s. 44- equity prevails over CL -presumption against intestacy in CL (McKeen) |
| iv. Proprietary estoppel | -only for easements -ct rectifies D’s detrimental actions thru granting an order for an easement |
| Mortgages | -borrowing money to buy property> K requires that borrower (mortgagor) gives lender (mortgagee) proprietary interest which provides security if payment is not met -in torrens, bank has secured a charge against property but title is not transferred (LTA s. 27) -is a charge on title (LTA s. 23, 28) -based on equitable principles- e.g. mortgagor has continuing equitable interest in land even after title is transferred to mortgagee (Pacific Savings) -amount borrowed = principal; payment schedule = demand -default> inability of mortgagor to make payments, if it occurs, mortagee can exercise K’al rights and foreclose -remedies: lender can: bring action against mortgagor (K); take possession; appoint a receiver; foreclose- obtaining a ct ordered termination of... |
Buy the full version of these notes or essay plans and more in our Property Law Notes.
Need instant answers? Our AI exam tutor is here to help.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started