NCA Property Law

Study content for NCA Property Law: notes, practice MCQs and flashcards across 7 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.

Syllabus

• Land Boundaries and DimensionsTopic

  Establishing physical surface boundaries · Airspace rights · Subsurface/mineral rights

• Freehold EstatesTopic

  Fee simple — creation and transfer · Life estates — creation, waste, rights of remainderman · Fee tail — historical, largely extinct in Canada

• Leasehold InterestsTopic

  Distinguishing lease from licence · Types of tenancy (fixed term, periodic, at will, at sufferance) · Landlord and tenant rights and duties

• Equitable Interests and TrustsTopic

  Origins of equity; fusion with common law · Express trusts — creation, three certainties · Resulting trusts

• Registration SystemsTopic

  Deeds registration — common law priority rules, notice · Torrens (title registration) system — mirror, curtain, insurance principles · Indefeasibility of title; fraud exception

• Non-Possessory Interests: Easements and CovenantsTopic

  Requirements for a valid easement (Re Ellenborough Park test) · Express, implied, and prescriptive easements · Restrictive covenants — running with the land in equity

• Aboriginal/Indigenous Property RightsTopic

  Aboriginal title — proving and content (Tsilhqot'in Nation v BC, assigned) · Aboriginal rights short of title · s.35 Constitution Act 1982 — Crown's duty to consult/justify infringement

• Established Doctrine

  What is fee simple?

  Common Law
• Established Doctrine

  What is the fixture test?

  Common Law
• Established Doctrine

  What is the difference between a lease and a licence?

  Common Law