Estates and Interests in Land Flashcards
6 cards from real BC Real Estate Trading Services Course practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Estates and Interests in Land flashcards as text
Which of the following BEST describes a 'fee simple' estate?
Answer: The most complete form of ownership interest in real property, inheritable and transferable without limitation
Fee simple (also called fee simple absolute) is the greatest possible ownership interest in real property — it is perpetual, freely transferable, and passes to heirs upon death.
Under BC's Land Title Act, what is the legal effect of the 'indefeasibility' principle?
Answer: A registered owner's title is conclusive and cannot be challenged, except in cases of fraud
Indefeasibility means that a registered owner in BC holds title that is conclusive against the world — it cannot be defeated by prior unregistered claims, except in limited circumstances such as fraud or specific statutory exceptions.
Two people take title to a property as 'joint tenants.' If one owner dies, what happens to their share?
Answer: It automatically passes to the surviving joint tenant by right of survivorship
The right of survivorship is the defining characteristic of joint tenancy — upon the death of one joint tenant, their interest automatically vests in the surviving joint tenant(s), bypassing the deceased's will entirely.
A 'statutory right of way' registered on a BC property title in favour of BC Hydro most likely means:
Answer: BC Hydro has the right to access, maintain, and install infrastructure (power lines) across that portion of the land
A statutory right of way (SRW) grants a utility or government entity specific rights to use and access a defined portion of private land for infrastructure purposes — the landowner retains ownership but the SRW limits certain uses in that area.
What is a 'restrictive covenant' as it applies to BC real property?
Answer: A registered encumbrance on title that restricts how the land can be used by the current and future owners
A restrictive covenant is an obligation registered on a property's title that binds not just the current owner but all future owners — restricting the use, type, or character of development or activity on the land.
Under BC law, an 'easement' is best described as:
Answer: A non-possessory right to use another person's land for a specific purpose
An easement is a right held by one party (the dominant tenement) to use a specific portion of another party's land (the servient tenement) for a defined purpose — such as access, drainage, or utilities — without owning it.