Transcription of Property Law Notes - ubclss.com
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Property LawWhat is Property : -A physical object of value-Held publicly or privately -A collection of enforceable rights-A collection of enforceable )Can be alienated inter vivos or on deathb)Except Aboriginal land (1)Only alienable to the System: -A registration system with two functions: the written legal effect to registrationa)Given by relevant information related to titleb)Creates indefeasible title ( land Title Act )-Legal interest is good against the as against the person making it-Equitable interest is formed by making a binding contract -Has three underlying principles: Principlea)Title is a complete reflection of all interestsb)Except enumerated exceptionsc)Unregistered documents may have an effect ( land Title Act ) Principlea)Immediate indefeasibility of title (1)Conclusive in law and equity (Creelman v. Hudson s Bay)b)There is no indefeasibility of Principle a)There is compensation available if a mistake occursb)Must show loss occasioned by LTA statute/Registrar (McCaig v.
b) Creates indefeasible title (Land Title Act s.23) - Legal interest is good against the world 1. Except as against the person making it - Equitable interest is formed by making a binding contract - Has three underlying principles: 1. Mirror Principle a) Title is a complete reflection of all interests b) Except s.23 enumerated exceptions
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