Property Rights and Ownership Flashcards

In Ontario, what is an 'estate in land'?

Answer: A legal interest in land that denotes the degree, quantity, or nature of ownership rights a person holds

An estate in land is a legal concept describing the degree of ownership interest a person has in property. The main estates include fee simple (highest), life estate (limited to a life), and leasehold (limited to a term). The type of estate determines the extent of the owner's rights.

What is a 'covenant running with the land' in Ontario?

Answer: A promise or obligation attached to the property that binds and benefits not only the original parties but also all subsequent owners

A covenant running with the land is a promise attached to the property itself, not just to the individuals who created it. It binds all future owners of the burdened land and benefits all future owners of the benefited land.

In Ontario, what is the 'Crown patent' in property history?

Answer: The original grant of land from the Crown to the first private owner, which represents the origin of title

The Crown patent is the original document by which the Crown (government) granted title to land to the first private owner. It represents the root of title and is the starting point of the chain of ownership in Ontario's property history.

What is 'waste' in Ontario property law?

Answer: Actions or inactions by a person in possession (such as a life tenant or lessee) that damage the property or reduce its value for the person entitled to future possession

Waste refers to damage to property by someone who has possession but not full ownership. A life tenant, for example, must not commit waste — they cannot tear down buildings or strip natural resources because the remainderman has a future interest in the property.

In Ontario, what is 'accretion' in property law?

Answer: The gradual and imperceptible addition of land by natural forces, such as soil deposited by water along a shoreline

Accretion is the gradual increase in land area through natural processes, such as the slow deposit of soil along a waterfront. The additional land generally becomes the property of the adjacent landowner. It must be gradual — sudden changes are treated differently.

What is a 'determinable fee simple' in Ontario property law?

Answer: A fee simple estate that automatically ends upon the occurrence of a specified event

A determinable fee simple is a variation of fee simple ownership that automatically terminates if a specified event occurs (e.g., 'to X so long as the property is used as a school'). If the condition is breached, the property reverts to the grantor or their heirs.