Question

CANADIAN LAW

Chapter 8 – Property

Distinguish between real and personal property.

Explain what is meant by a chattel and what is meant by a fixture.

Summarize the landlords and tenant’s obligations with respect to commercial leases.

Summarize the landlords and tenant’s obligations with respect to residential leases.

What is meant by riparian rights?

Explain the role of the Canadian environmental protection act.

Answer 1

a) As per the canadian law,real property refers to rights of the land and anything under or over it.However,the personal property refers to rights to any possession other than land such as shares of the company,patents etc.

b)Any object that is installed and removed without causing damage to the property,then it is called a chattel.They are basically personal property such as curtains,computers etc.

An object that provides improvement for the chattel and not for the improvement of the property is called a fixture.They are basically property that is attached to the premises such as toilets,sinks etc.

c)Tenant obligations with respect to commercial leases. :

i)The tenants of the premises should pay the rent on the due date agreed in the lease document.

ii)In case the landlord has not met his obligations,the tenants do have an option of holding the rent and need to pay it

iii)The tenants must adhere to the terms and conditions as detailed in the lease agreement.

Landlord's obligations with respect to commercial leases :

i)The land can lock the premises after passage of 16 days on the rent due date as agreed in the contract agreement.

ii)The landlord has an option to terminate the lease if the tenant does not adhere to the obligations mentioned in the lease document.

iii) The landlord holds the responsibility for any structural repairs of the building/premises.

d) Tenant obligations with respect to personal leases :

i) The tenant is expected to pay rent on due date as specified in the lease document.

ii)The tenant is expected not to damage the property by any means.

iii)The tenant should pay for any damages caused by him during the stay and is liable to be sued by the landlord,if he fails to do so.

iv) Only the tenants and the people that are listed as occupants in the lease agreement can stay in the premises.

Landlord obligations with respect to personal leases :

i) The landlord should ensure that minimum health and safety standards are in place as specified by the law of the land.

ii)The landlord cannot entire the premise of the tenant except in case of emergency situations such as gas leak.However,with prior notice ,the tenant cannot deny the visit of the premise by the landlord.

iii)The landlord has the right to recover damages caused to the property by the tenant,by deducting charges from the secuirty deposit.