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
The concept of 'tenure' in BC's land system refers to:
Answer: The conditions and manner under which land is held from the Crown
Tenure describes the legal relationship between a landholder and the Crown — it defines the conditions, rights, and obligations under which land is held, forming the foundation of BC's land ownership system.
A 'life estate' in BC real property is an interest that:
Answer: Grants the holder the right to occupy and use the property only for the duration of a specified person's life
A life estate is an ownership interest measured by the duration of a specified life (usually the life tenant's own life). When the measuring life ends, the property passes to the remainderman or reverts to the grantor.
What is the key legal difference between a 'tenancy in common' and a 'joint tenancy' in BC?
Answer: Tenancy in common allows shares to be willed to heirs; joint tenancy has right of survivorship
The critical distinction is that tenancy in common interests can be passed through a will or intestacy to heirs, while joint tenancy interests pass automatically to the surviving co-owners by right of survivorship — bypassing the estate entirely.
Under BC law, a 'charge' against a property in the Land Title Office MOST commonly refers to:
Answer: A registered financial encumbrance such as a mortgage, judgment lien, or agreement for sale
In BC's land title system, a 'charge' is a registered encumbrance that burdens a property's title — most commonly a mortgage, lien, judgment, or agreement for sale that must typically be discharged before clear title can be conveyed.
The Torrens System of land title registration used in BC operates on the principle that:
Answer: The register itself is the conclusive source of title information, providing certainty to registered owners
The Torrens System makes the register (Land Title Office records) the definitive and conclusive source of land ownership information — registration creates and protects title, replacing the old 'chain of title' deed recording systems.
What happens to a registered mortgage on a BC property when that property is sold to a new buyer?
Answer: The mortgage must be discharged from title (paid out) or the buyer must 'assume' the mortgage with lender approval
A mortgage remains on title until it is formally discharged (paid out and removed) or the buyer assumes it with the lender's approval. Without one of these steps, the mortgage continues to encumber the property.