Tenure and Estates

Tenure and Estates

Origins #

  • A Brief Overview of Feudal Land Tenure

    An excerpt that provides some brief background to the history of feudal land tenure and its relationship to common law estates as interests in land distinguished from ownership of the land itself.

  • Re Walker

    The testator left his property to his spouse using language that was ambiguous as to the type of estate in land he intended to create. The interpretation of the testator's intention determines who can claim under the will.

  • Conveyancing Act

    A statue establishing parameters for the transfer of land title in Nova Scotia.

  • Wills Act

    A statue addressing the transfer of land title by bequest in Nova Scotia.

  • Stuartburn (Municipality) v Kiansky

    The Municipality of Stuartburn sought to disqualify Kiansky from holding office because an elector must be the owner of land in the area. Kiansky had recently sold a property, but held a remainder fee simple interest in another estate.

  • Waste

    Overview of doctrine of waste.

  • Bundle of Sticks

    A useful metaphor for understanding common law property rights as sticks in a bundle.

Qualified Transfers and Invalidity #

  • Blackburn v McCallum

    Donald Chisholm divided his land and left it to his sons as two separate estates in fee simple. He attached conditions to the transfer on the ability of his sons to sell or mortgage the lands for 25 years.

  • McCorkill v McCorkill (Estate)

    Harry McCorkill died in 2004, leaving his $200,000 estate as an unconditional gift to a US neo-Nazi group. McCorkill's sister challenged the bequest.