Real Property Law
UBC Real Estate Division. 2017.
Real Property Law. Vancouver, BC: UBC Real Estate Division.
- Chapter 1 - Introduction: Canada's Legal System and Real Estate Industry
Historical Overview
Sources Of Law
Classification Of The Law
Structure Of The Courts
A Civil Law Suit
Finding And Reading The Law
Organization and Regulation of the Real Estate Industry
The Appraisal Profession
Summary
- Chapter 2 - Estates and Interests in Land
Introduction: Classification of the Law
The Concept Of Ownership
Estates In Land
Interests In Land Less Than Estates
Co-ownership Of Interests In Land
What Rights Does Land Ownership Include?
Licences
Summary
- Chapter 3 - Contract Law
Introduction
The Formation of a Contract
Elements Affecting the Validity of a Contract
Interpretation Of Terms
Remedies
Summary
- Chapter 4 - Land Registration and Land Title Office Procedure
Common Law Conveyancing
The Registry (or Recording) System
The Torrens (or Land Title) System
Administration of Land in Canadian Torrens System Jurisdictions
The Fee Simple
Registration of Charges
The Assurance Fund
Registration And Transfer Of Interests In Manufactured (Mobile) Homes
Summary
- Chapter 5 - Land Ownership and Tort Liability
Introduction
Trespass
Nuisance
Negligence
Liability of an Occupier
Strict Liability
Summary
- Chapter 6: Real Property Transactions and Agency Law
Introduction
What is an Agent?
Creating The Agency Relationship
Duties And Obligations of the Real Estate Agent
Types of Real Estate Listing Agreements
Information Required for a Listing Contratc
Formal Requirements of Listing/Agency Agreements
The Contract of Purchase and Sale
Conclusion
- Chapter 7 - Mortgage Law
Introduction To Mortgage Law
Common Law (Legal) And Equitable Mortgages
Freehold versus Leasehold Mortgages
Implied Terms Of A Mortgage
Express Terms Of A Mortgage
Special Types Of Mortgages
Federal Legislation Affecting Mortgages
Provincial Legislation Affecting Mortgages
Legal Restrictions on Mortgages
Assignment Of The Mortgage
Assumption Of The Mortgage
Formalities
Mortgage Priority
Statutory Priorities
Lenders' Remedies
Agreements For Sale
- Chapter 8 - Commercial and Residential Tenancies
The Nature of the Lease Relationship
Commercial Tenancies
Residential Tenancies
Summary
- Chapter 9 - Condominium Law
Introduction
Uses And Types Of Strata Lots
Creation Of A Strata Lot
The Strata Corporation
The Strata Council
Bylaws, Rules And Regulations
The Strata Lot Owner
The Purchaser
Leasehold Strata Plans
Cooperatives
Summary
Appendix 9.1: Sample Excerpts from Strata Plans
Appendix 9.2: Contingency Reserve Fund (CRF)
- Chapter 10 - Legal and Ethical Standards for Real Estate Professionals
Provincial Legislation and Real Estate Licensees
Provincial Legislation and Real Estate Appraisers
Penalties for Breach of Provincial Legislation
The Competitive Act
Professional Ethics and Voluntary Standards
Summary
- Table of Cases
- Glossary
- Index