Fichas
Property Law (notes based)
Fichas del conjunto (32)
- 1types of property law-real property
-personal property
-intellectual property - 2real propertyland - including surface, subsurface, airspace and things affixed to the land - buildings and things affixed to buildings
- 3personal propertychattels - tangible property not affixed to land
- 4intellectual propertyintangibles - ideas, inventions, creative works
- 5property rights under the CharterNOT protected by the Charter
- 6types of property rights-possession rights
-use rights
-alienability rights
-reversionary rights - 7alienability rightsright to grant right to someone else - to sell, encumber, etc
- 8reversionary rightsproperty reverts to owner after someone else has used it
- 9ownershipimplies alienability and reversionary rights
- 10titledescription of rights held regarding that property
- 11real property titleCrown has underlying title to all land in Canada
- 12freehold estate-most complete set of rights that can be granted
-can sell, lease, encumber, bequeath (will)
-reversionary rights revert to Crown if not alienated
-can be expropriated by Crown for public purposes - 13leasehold estates-leasehold of Crown land or freehold land
-possession and use rights but limited alienability
-can sublease during the term only
-reverts back to Crown or freehold owner at end of lease - 14constitutional basis of real property: provincial government-management and sale of public lands belonging to Province
-property and civil rights in the province
-non-renewable natural resource in province - 15constitutional basis for real property: federal government-peace, order and good government of Canada
-Indians and lands reserved for Indians
-sea coast and inland fisheries - 16real property: Crown lands rights-surface rights
-subsurface rights
-subsurface rights where surface is freehold - 17types of freehold interests-sole tenancy
-joint tenancy (2 or more people - right of survivorship)
-tenants in common (2 or more people - no right of survivorship) - 18leasequiet possession and use rights
- 19mortgagereversionary interest if mortgage not paid (foreclosure)
- 20right of way / easementlimited use rights for particular purpose
- 21caveatnotice of another interest in the land - agreement for sale, judgement
- 22nemo dat qui non habetcannot grant more property rights than you have
- 23Torrens system principles-mirror principle (Certificate of Title accurately reflects state of title)
-curtain principle (Certificate of Title contains all relevant information)
-insurance principle (Registrar compensates for loss of rights due to faulty registration, assurance fund from registration fees) - 24types of property rights in chattels-exclusive possession
-exclusive use
-alienability rights
-reversionary rights - 25ownership of personal property-owners can grant possession and use rights (such as rentals and leases) however leesees typically do not acquire alienability or reversionary rights
-owners bear risk of loss unless passed to third party (insurance, or through contract) - 26source of personal property law-mostly common law, but has been modified by legislation in some areas
- 27level of government responsible for intellectual propertyfederal government
- 28patentsPatent Act
-protects invention for up to 20 years, others must buy rights from you - 29trademarkssymbols associated with business - registration provides evidence
- 30franchiseright to sell, supply, marketing, methods - by franchise agreements
- 31goodwillvalue of company beyond asset value - arises from takeovers
- 32copyright-protects artistic work from being copied
-exists in common law - exists from time of creation
-Copyright Act allows you to register creation as evidence
-lasts lifetime of creator plus 50 years
Información
- Descripción
- 200 (LWSO 203 W2015) Finals Fichas sobre Property Law (notes based), creado por Michaela Seal el 27/04/2015.
- Creado por
- Michaela Seal
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