De Facto Expropriation Insights

Summary

The legal framework for de facto expropriation in Canada highlights the states wide planning power, with historic limits on compensation. A declaration alone does not sever joint tenancy without communication. For property grants, the right of survivorship indicates joint tenancy, while unequal contributions are irrelevant. In property interests, C takes an equitable life estate, and the concept of use upon a use is generally invalid, converting interests into legal ones under the statute of uses.

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Which of the following is not an example of an act that could sever a joint tenancy? a) One joint tenant makes a declaration that they are severing the joint tenancy without communicating it to the other joint tenant. b) One joint tenant conveys a life estate of their interest in the property to the other joint tenant. c) The joint tenants convey their interests to each other. d) One joint tenant applies to have the property which is held in joint tenancy partitioned into two separate parcels.
The correct answer to the question "Which of the following is not an example of an act that could sever a joint tenancy?" is:
a) One joint tenant makes a declaration that they are severing the joint tenancy without communicating it to the other joint tenant.
A declaration alone without communication or action will not sever the joint tenancy.
A grant is made “to Sahar and Felix together”. Which of the following information might be relevant to help determine whether this is a tenancy in common or joint tenancy? a) There is language in the deed indicating that each co-owner would hold the right of survivorship. b) The parties contributed unequal shares of the purchase price. c) Both of the above. d) Neither of the above.
To determine whether the grant "to Sahar and Felix together" creates a tenancy in common or joint tenancy, the relevant information would be:
a) There is language in the deed indicating that each co-owner would hold the right of survivorship.
This is because the right of survivorship is a key characteristic of a joint tenancy. The contribution of unequal shares (option b) is not relevant to this determination.
So, the correct answer is:
a) There is language in the deed indicating that each co-owner would hold the right of survivorship.
grants unto and to the use of B to the use of C for life and then to the use of D when D turns 25 years old (D is 15 years old at time of conveyance). Which of the following is the most accurate statement? a) A retains nothing. b) A retains a resulting use which will arise if B dies before C turns *. c) C takes an equitable life estate. d) B and C take a joint tenancy.
Case Rating: *
The most accurate statement regarding the grant provided is:
c) C takes an equitable life estate.
This is because C is granted the use for life, and D's use begins when D turns 25 years old.
*. A devises unto and to the use of B to the use of C for life and then to the use of D. Which of the following is not an accurate statement? a) C and D’s interests are both valid because they represent a use upon a use. b) B and C’s interests are both valid because they represent a use upon a use. c) C and D’s interests are both valid because they represent a use after a use. d) B and C’s interests are both valid because they represent successive equitable interests.
Case Rating: *
The correct answer to the question "A devises unto and to the use of B to the use of C for life and then to the use of D. Which of the following is not an accurate statement?" is:
a) C and D’s interests are both valid because they represent a use upon a use.
This statement is not accurate as the concept of "use upon a use" is generally not valid. Instead, such interests are typically converted into legal interests under the statute of uses.