Chapter 1.7.
Rights in another’s land: - licence - easement - covenant

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Learning outcomes of this chapter:

  • Explain the term “encumbrances” on land title.
  • Explain the nature of a licence.
  • Distinguish a licence from a lease.
  • Explain the nature and characteristics of an easement.
  • Understand how an easement may be acquired and extinguished at common law, and under the Land Titles Act (LTA) and Land Titles (Strata) Act (LTSA).
  • Explain the easements implied under LTA and LTSA.
  • Understand the extent to which covenants affecting adjacent land owners bind their respective successors in title.
  • Ascertain the existence of a restrictive covenant in a land title.
  • Explain how a restrictive covenant may be discharged at common law and under the Land Titles Act.

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