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Rights in another’s land

Chatper 1.7

Learning Objectives:

  • Licence

    • Explain the term “encumbrances” on land title.

    • Explain the nature of a licence.

    • Distinguish a licence from a lease.

  • Easement

    • Explain the nature and characteristics of an easement

    • Explain how an easement may be acquired and extinguished at common law and under the Land Titles Act 1993 (LTA) and Land Titles (Strata) Act 1967 (LTSA).

    • Explain how easements may be implied under the LTA and LTSA.

  • Covenant

    • Explain the extent to which covenants affecting adjacent landowners bind their respective successors in title.

    • Explain the existence of a restrictive covenant in a land title.

    • Explain how a restrictive covenant may be discharged at common law and under the LTA.

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