Property (Lease-Law (NOT leasing) (Nominate contract: usual contract law…
Lease-Law (NOT leasing)
contract: usual contract law applies + extra law
Leasing = movable property for businesses
Can lease almost anything (commercial or personal, movable or immovable), but rules differ for commercial/residential purposes
Lease can be
(sublet: still responsible for actions of sublessee; assign is like new lessee)
Commercial leases: if you register, new owners of building have to carry out full lease, can't kick you out early. If landlords want to move them or their family in, they can kick you out at the end of your lease.
Leesee has right to have peaceable enjoyment of property
Key terms not seen in class: lease by sufferance (presume there's a lease when staying in immovable property, whereas with movable property, assume it's borrowed), resiliate = terminate (not resiliated by death of either party), tacit renewal = lease is renewed by default
(consent, like lease)
(can't light fire, make too much noise, etc., zoning restrictions)
(30-90 days: right to sell, only movable)
(any level of government buys your land "at fair value", must be for public good)
(lack of attention to property; passage of time: squatter's rights, must live openly for 10 years)
Abuse of rights
(my rights end where yours begin, "neighbor test", balance of rights)
: real property (only owned by monarchy, land), and personal property (chattels, everything else)
of land: keeping track of who is seized of land (every transaction has to be in writing); 2.
land (if not on seisin, so becomes
, goes back to King); 3.
: have land for a time period (why called "real estate")
: "As if" you owned it (use, exclude, dispose, transfer to heirs; if no family, go to government)
: Right to land for life, when you die, reverts to holder of the fee simple (can't leave it to your heirs, or sell it)
: Abolished in Canada apart from Manitoba, lineal heir
Concept of "ownership" is central (doesn't like co-ownership): Property = anything of financial value, including rights
Property is either Corporeal (things), or Incorporeal (rights, shares, claims, intellectual property), then Movable or Immovable (land, or immovable by destination, so meant to stay there)
Categories of Real Rights
: Most complete (but never absolute), like fee simple, but own. Civil Law like
: if one co-owner wants out, can force others to sell (
co-ownership). Condos are
Rights in things owned by others
: Leases (apartments, cars).
: right to use the fruit of something.
: 99 year lease (Hong Kong).
: Right of way, right of land on other land (can't block view)
Claims by creditors
: If court allows, creditor has right to sell debtors' property. Security devices are called