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The Land Titles System establishes ownership of land parcels and allows for the electronic registration of ownership transfers and encumbrances. A land titles search provides a guaranteed view of ownership and affects on the title, requiring no chain of title search back to 40 years. However, some exceptions apply such as dissolved corporations where land may have escheated to the Crown. Conveyancers conduct additional off-title searches through letters to municipalities and utilities to identify liens, compliance issues, and other matters that could impact the property transaction.
The Land Titles System establishes ownership of land parcels and allows for the electronic registration of ownership transfers and encumbrances. A land titles search provides a guaranteed view of ownership and affects on the title, requiring no chain of title search back to 40 years. However, some exceptions apply such as dissolved corporations where land may have escheated to the Crown. Conveyancers conduct additional off-title searches through letters to municipalities and utilities to identify liens, compliance issues, and other matters that could impact the property transaction.
The Land Titles System establishes ownership of land parcels and allows for the electronic registration of ownership transfers and encumbrances. A land titles search provides a guaranteed view of ownership and affects on the title, requiring no chain of title search back to 40 years. However, some exceptions apply such as dissolved corporations where land may have escheated to the Crown. Conveyancers conduct additional off-title searches through letters to municipalities and utilities to identify liens, compliance issues, and other matters that could impact the property transaction.
Purpose: Confirms who the owner of a particular property is
Piece of Land = Parcel o Each parcel has a number and is registered in a book or electronically o Book = register = parcel register shows title and encumbrances. Previous Transfers: Ruled off when a new instrument disposing of an interest is registered. Instruments: If presented for registration, and it creates, transfers or terminates an interest in land deemed to be an application to amend the registered title. Registration: No instrument is registered unless certified. LRRA Terminology: o Transfer (Deed) o Charge (Mortgage) o Document (instrument)
Title Searches
Registry 40 Year Search
Only have to look 40 years back show that he has good title for 40 years Commencement Date = ie. June 21, 1971 First Conveyance: Look for the first conveyance after the commencement date root of title. o If none found must go back and look before the commencement date. Adjoining Owners Search o Ensure no encroachment or violation of the Planning Act
Land Titles Search
Key Point: Purchaser is entitled to rely on the fact that the person who appears as owner on the register has good title. o No 40 year search or chain of title required. Search Via: parcel and section numbers Everything no longer affecting the land will be crossed off o Should get copies of instruments that still affect the land. Exceptions to Guaranteed Title o Check corps who held title if they dissolved land escheated back to the Crown o Check adjoining land back to 1967 in accordance with the Planning Act Subsearch o Prior to registration of the transfer subsearch to make sure there have been no intervening registrations since the original search RESULT OF THE SEARCH = POLARIS Printout o Shows active instruments o Registered owner o Outstanding encumbrances o Other documents that affect title of the property.
Letter Enquiry Searches
Form: By way of letter
Purpose: Determine whether there are liens, orders affecting property OR if the property complies with municipal by laws and other statutory standards.
Realty Taxes Are there any taxes owing?
Get a tax certificate Taxes due on land are a special lien in priority to everything except for the Crown. Water Account Are there any outstanding water/sewage charges? Inquire to tax department or local municipality Local Improvements Whether, if in addition to tax, there are any levies for additional services Hydro Arrears Do not form a lien on land NOT necessary Gas Arrears Do not form a lien on land NOT necessary Zoning Compliance Obtain info as to whether the property is in compliance Work Orders Work order may have been Building Code issued specifiying what needs to Electtrical Safery be done to rectify the deficiency. Fire Protection
TARION Every builder must register
Inquire to TARION of the enrolment number of the builder and home. Unregistered Hydro Easement Most are registered… but some may not be. Waste Disposal Search Cant use land where there has been waste disposal within 25 years Heritage Designation If designated, there may be restrictions on alteration or improvement Corporate Status Make sure corps who held title were in existence at time of title otherwise land escheats to the Crown. Airport Zoning Regulations May be height restrictions etc… check if property is in compliance Underground Fuel Oil Tank All tanks must be registered with TSSA Contact TSSA to see if its registered Farm Property Serviced by a Well Check quality, capacity etc. Tile Drainage Act Lien on a property where tiles must be installed to permit run- off water. Farm Property Tax Program Taxed at 25% Make sure the property is assessed as Farm Property Class in order to be eligible. Highway Entrance Make sure it is a legal entrance Weed Control Make sure there are no weed control orders
Electronic Registration of Land Titles Documents
Search Mechanism = Teraview (software made by Teranet)
Remote Registration of Land Titles Documents = e-reg (also done through the Teraview software) LRRA Part III Set the framework for electronic registration of documents o Documents no longer required to be in writing and signed o Electronic format prevails over written format Law Statements: replace the need for the registrant to provide evidence to the registrar. o Can only be made by a lawyer licensed in ON Process
Title Search Letters of Off Title
Enquiry Searches
Root of Title Requisitions
ie. Breach of planning act Requisitions (by Purchaser) Reply to the Letter of rectification of Conveyancing Requisitions Requisitions (By various defects of ie. No old mortgage Vendor) title or any other dischagrge problems discovered. Contract Requisitions ie. Work orders outstanding