Sentences with phrase «fee simple titles»

The incidents that attached to that title are analogised to those associated with fee simple titles: «the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land» (para 73).

Anything that affects or limits the fee simple title to a property, such as mortgages, leases, easements, or restrictions.

A lien, charge or liability against a property that affects or limits the ability to file a fee simple title, or affects the value of the property, for example, mortgages or easements.

Encumbrance — Anything that affects or limits the fee simple title to a property, such as mortgages, zoning ordinances, claims, liens, a pending legal action, leases, easement rights, unpaid taxes or restrictions.

When properly recorded, these rights are completely legal, fully transferable and can qualify for inscription in the National Registry as fee simple title.

Explain the difference between a Quit Claim Deed and a. General Warranty Deed, Fee Simple Title, Estate in land

Under such a doctrine, Aboriginal rights may even survive a grant to non-Indigenous interests of a fee simple title as they are not tied exclusively to land ownership.

Once you find what countries have British common law then you can drill down on the specifics of ownership and if there are any quirky restrictions, but for the most part, British Common law jurisdictions allow fee simple title and little restriction on foreign ownership.

Encumbrance Anything that affects or limits the fee simple title to a property, such as mortgages, leases, easements, or restrictions.

A lien, charge or liability against a property that affects or limits the ability to file a fee simple title, or affects the value of the property, for example, mortgages or easements.

Not exact matches

(You know the sort...» you immediately surrender title in fee simple to every thought that passes through your head beginning six weeks before you sign this agreement and ending when your state of brain death is confirmed by three qualified neurologists of our choosing and hired at your estate's expense, and if you cease doing business with us, we reserve the right to enjoin you from ever working in your field again in any country with a functioning judicial system»... that kind of thing.)

The premise is simple: A library pays an upfront fee that is smaller than the cost of an entire collection of titles.

Low fee short - term loans are commonly referred to as payday or title loans due to the simple terms under which they are issued and their availability.

There are two documents that describe «titled» or fee simple property which comprises most land except land in the maritime zone.

In a post titled, Disbar the Connecticut 5, he argues that the lawyers» arrangement with Total Attorneys was fee sharing, plain and simple, and that they should not have been surprised to find themselves the subject of a disciplinary action.

Consequently, the Court found the Chambers Judge did not err in finding the option was binding and that the Appellant must provide good and marketable title in fee simple.

In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50).

The meaning of Aboriginal title: Aboriginal title is a beneficial interest in land, with a right to «use it, enjoy it and profit from its economic development» [70] It is a «collective» title, held for present and later generations, [74] that confers ownership rights similar to «fee simple,» including «the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land.»

Had the legislature intended to oust s. 4 of the 1990 Limitations Act entirely from lands registered under Land Titles, it would have mirrored the language of s. 4 («any land or rent») and not limited the application to title held in fee simple.

Had the legislature intended to expand the effect of s. 51 to ownership of a statutory tenancy in common, it could have amended the definition of «owner» in the Land Titles Act beyond the owner of the estate in fee simple.

«A transfer for valuable consideration of land registered with an absolute title, when registered, confers on the transferee an estate in fee simple in the land transferred, together with all rights...»

Section 45 of the Ontario Land Titles Act shows that, on first registration, the Act «vests» in the first registered owner an estate in fee simple in the land, «together with all rights, privileges and appurtenances.»

In a charge of freehold land by the beneficial owner, that the chargor has a good title in fee simple to the land, except as the records of the land registry office disclose.

-- The major distinctions between fee simple and aboriginal title are that land under aboriginal title can not be sold except to the Crown; it is held communally; and its legal sources are a combination of common law and aboriginal law.

In order to clarify their title to the land, Mrs. and Mr. Mowatt took a petition seeking a judicial investigation of the disputed lot under the Land Title Inquiry Act a declaration they were the owners of the lot in fee simple in possession and an order they had established good, safe - holding and marketable title in fee sititle to the land, Mrs. and Mr. Mowatt took a petition seeking a judicial investigation of the disputed lot under the Land Title Inquiry Act a declaration they were the owners of the lot in fee simple in possession and an order they had established good, safe - holding and marketable title in fee siTitle Inquiry Act a declaration they were the owners of the lot in fee simple in possession and an order they had established good, safe - holding and marketable title in fee sititle in fee simple.

Under the terms of the treaty, Nisga'a may, under certain conditions, dispose of the whole of its estate in fee simple.34 However, disposal under the treaty does not result in the land ceasing to be Nisga'a land.35 This means that Nisga'a land can be sold to a person or entity outside of the tribe, and that, on payment of the purchase price to the Nisga'a people, the purchaser gets freehold title to the land.

An estate in fee simple is granted to associations established or nominated to hold the title.

A freehold title (or fee simple) is generally regarded as the absolute ownership of land, subject only to the laws of the state and powers of the Crown.

In particular, the third NIC Principle recommends that individual leases be granted over communal Indigenous land, consistent with individual home ownership and entrepreneurship.7 It is relevant, then, to review what the difference is between a lease and freehold (or fee simple) title to land, as well as what rights a lessor and lessee may enjoy through a lease.

where the party's legal rights in respect of the land uncontroversially extinguishes native title, such as where the party holds an estate in fee simple

... because the vesting under s33 of the Land Act 1933 of a reserve in a body or person vests the legal estate in fee simple to the land in that body or person and obliges the body or person to hold the land on trust for the stated purposes, rights are vested in that body or person which are inconsistent with the continued existence of any native title rights or interests to the land.

The vesting of a reserve under s33 Land Act, which vests the legal estate in fee simple to the land in that body or person and obliges the body or person to hold the land on trust for the stated purposes, is inconsistent with the continued existence of any native title rights and interests in the land.

The determination also recognises the right of native title holders to «make decisions about the use and enjoyment of the NT determination area by Aboriginal people who recognise themselves to be governed by Aboriginal traditional laws and customs» (23) And provides for exclusive rights over three fee simple areas granted to Aboriginal Corporations in the early 1990s (24).

The Commission submits that it is contrary to the guarantee of equality and prohibition of discrimination on the grounds of race, religion, language and ethnic origin where the law regards that which is the sum of the relationship in the nature of title between indigenous people and the land as more readily destroyed by a paramount grant than the nearest full equivalent title (an estate in fee simple) of non indigenous persons.

SELLER»S DUTIES: Seller agrees to cooperate with Broker in the marketing and sale of the property, including but not limited to: If the Property is sold during the period set forth herein, the Seller agrees to execute and deliver a GENERAL WARRANTY DEED conveying fee simple marketable title to the Property, including legal access to a public right of way, free of all encumbrances except ad valorem taxes for the current year, utility easements, rights - of - way, and unviolated restrictive covenants, if any, and those encumbrances that the Buyer agrees to assume in the sales contract.

Seller represents that the Seller has the right to convey the property, and that there are currently no circumstances that would prohibit the Seller from conveying fee simple marketable title as set forth in the preceding sentence.

The title searches are insured and the property is held in fee simple estate.»

His take is most real estate investors only think of fee simple ownership, name on the title, as the only way of owning real estate.