____ 1.Primogeniture was a rule of law focused on passing property to:

1. The eldest brother
2. The eldest sister
3. The eldest son
4. The eldest daughter

____ 2. Most modern provincial Wills Acts state that in the absence of words to the contrary, a will or deed will pass the smallest estate held by the transferor.

1. True
2. False

____ 3. Most modern provincial Wills Acts state that in the absence of words to the contrary, a will or deed will pass the smallest estate held by the transferor.

1. True
2. False

____ 4. A fee simple determinable is a fee simple estate that ends on the occurrence of a particular event.

1. True
2. False

5. The terminology "To Mary as long as..." will likely create a:

1. Fee simple
2. Fee simple subject to condition subsequent
3. Fee simple determinable
4. Fee tail female
5. All of the above

_____ 6. The terminology "to Mary upon condition that ..." will likely create what?

1. Fee simple
2. Fee simple subject to condition subsequent
3. Fee simple determinable
4. Fee tail female

_____ 7. The words "To Mary, provided that she never marries" may be considered:

1. Void for public policy reasons
2. Void for uncertainty
3. Void for sexism
4. Void because they require an illegal act
5. Fine just as they are

_____ 8. Historically, the terminology "To Luke and the heirs of his flesh"

1. Was considered appropriately sexist
2. Was used to allow illegitimate children to inherit
3. Created a fee tail
4. Created a fee tail male

_____ 9. The terminology "To Allan for life, then to Bob for life" creates what kind of interest in Bob?

1. Fee simple
2. Vested interest
3. Contingent interest
4. Reversion
5. Remainder

_____ 10. The terminology "To the first of my children who becomes a law clerk, so long as that child is a vegetarian" creates what kind of interest?

1. Fee simple
2. Vested interest
3. Contingent interest
4. Reversion
5. Remainder

_____ 11. The terminology "Dick to Jane for life, then to Sally and her heirs" creates what type of interest in Sally?

1. Fee simple
2. Vested interest
3. Contingent interest
4. Reversion
5. Remainder

_____ 12. Allan uses the following terminology in his grant: "To Bob in fee simple unless he begins to smoke". If Bob begins to smoke, Allan cannot allow him to keep the granted property.

1. True
2. False

_____ 13. The terminology "To Alonzo, providing he gives $2,500 to the Home for Stray Cats" creates this type of interest:

1. Vested
2. Reversion
3. Fee simple absolute
4. Fee simple subject to a condition subsequent
5. Fee simple subject to a condition precedent

_____ 14. Remainders that take effect after a gap from a previously seised estate are valid.

1. True
2. False

_____ 15. Identify what type of grant or estate is most likely to be indicated by the terminology "To Almanzo and his heirs".

1. Life estate
2. Fee simple
3. Future interest

_____ 16. The grant "To A and his heirs, then to B and his heirs":

1. Creates a remainder in B
2. Is void in relation to B
3. Creates a valid fee simple in relation to B

_____ 17. "A future interest is void, ab initio, unless it must vest, if at all, within a period measured by lives in being plus a further period of twenty-one years." This is known as:

1. The Rule in Shelley's Case
2. The In Utero Rule
3. The Inter Vivos Rule
4. The Rule Against Perpetuities
5. The Rule in Purefoy v. Rogers
6. The Invalid Rule

_____ 18. The terminology "To Allan and his heirs to the use of Bob, but if Bob begins to smoke, then to the use of Chuck" creates this type of use:

1. Springing
2. Shifting
3. Contingent
4. Falling
5. Invalid

_____ 19. In tenancy in common, people do not have to hold equal percentages of the property.

1. True
2. False

_____ 20. Andrea lives in a condominium. The hallways, staircases, parking lots, pool, and library are held by all the condo dwellers in fee simple.

1. True
2. False

_____ 21. Landholders can divert water flowing over their land onto their neighbour's land.

1. True
2. False

_____ 22. Allan and Bob are neighbours. Two years ago, Bob built a fence which was over the property line and on Allan's property. Allan has repeatedly asked him to move the fence, but Bob will not do so. Bob may be charged with:

1. strict liability
2. negligence
3. trespass
4. nuisance

_____ 23. Oliver and his wife own two adjacent parcels of land, A and B. Oliver wants to sell B to Susie. In the past, that parcel of land known as B was accessible only by passage over parcel A. If Susie buys parcel B, what kind of easement will she have over parcel A?

1. express
2. implied
3. statutory
4. prescriptive

_____ 24. For at least 40 years, neighbouring cottagers have walked across Matilda's land to reach a public beach. Matilda has never been happy about it but has reluctantly tolerated the situation. Matilda would now like to close off the path. You tell her that the neighbours may have an easement over her property. Which type of easement might they have?

1. express
2. implied
3. statutory
4. prescriptive

_____ 25. The SCC has recognized that Aboriginal people generally feel that the land belongs to their people and that they as a people belong to the land.

1. True
2. False

_____ 26. Which section of the Constitution Act, 1982provides that existing Aboriginal treaty rights are recognized and affirmed?

1. s.15
2. s.25
3. s.35
4. s.45

_____ 27. In general, lands held pursuant to Aboriginal title cannot be transferred, sold, or surrendered to anyone other than the Crown.

1. True
2. False

_____ 28. Property holders may not deal with their land in a manner that damages the support of neighbouring properties. This is known as subjacent support.

1. True
2. False

_____ 29. Bert decided to change the landscaping around his house at the top of Pleasant Hill subdivision. Last month, he had 4 loads of topsoil and fill delivered to his property. Unfortunately, the next day a heavy rainstorm washed all the topsoil and fill down Pleasant Hill to the houses at the bottom. Bert may be guilty of:

1. Strict liability
2. Negligence
3. Trespass
4. Nuisance

_____ 30. An easement which restricts the use of land by the estate holder is considered a positive easement.

1. True
2. False

_____ 31. If Allan has an easement to cross Bob's land to reach a river, Bob has a non-possessory right to that strip of land.

1. True
2. False

_____ 32. Tom has allowed Jerry to cross his land to reach a nearby river. Tom has the:

1. Dominant tenement
2. Servient tenement

_____ 33. A licence does not pass to subsequent holders of land.

1. True
2. False

_____ 34. The holder of a profit a prendrehas the right to take the following from the land of another:

1. Hay, minerals, fish
2. Timber, wild animals, collapsed barns
3. Oil, gas, used farm equipment
4. All of the above

_____ 35. Anne owns a beautiful cottage property. She negotiates a written restrictive covenant with Rob, the guitarist for a band, that he won't hold public rock concerts at his large cottage property next door. The restrictive covenant is registered on title. In this arrangement, Anne is the:

1. covenantee
2. covenantor

_____ 36. If Rob holds a rock concert at his cottage, Anne may enforce the covenant against him by way of:

1. tort
2. nuisance
3. breach of contract
4. auditory assault

_____ 37. Modern matrimonial property law is generally a statutory regime of co-ownership.

1. True
2. False

_____ 38. The Delgamuukwcase is now completely implemented as a land title in favour of the Indigenous people who brought the case forward.

1. True
2. False

_____ 39. Alice and Bill have an established and registered easement allowing them to cross Clive's land in order to reach the river. If Alice and Bill sell their property to Diane, she would be able to enforce the easement and cross Clive's land to reach the river.

1. True
2. False

_____ 40. A holder of an estate in possession is entitled to use and enjoyment of the property any darned way he or she pleases. After all, a person's home is a person's castle.

1. True
2. False