Submitted by: Submitted by narine
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Category: Other Topics
Date Submitted: 11/28/2010 01:38 PM
Land Registration System in Ontario
Why documents are registered
1. Maintain orderly and comprehensive record of all documents affecting land.
2. Give public notice of an interest in land.
-Otherwise person holding unregistered claim may be unable to enforce it against person who subsequently
purchased land.
3. Establish priorities against completing interests in land.
- Whoever registers first holds interest in priority to other subsequently registered interests.
Two Systems
1. Registry System - Registry Act
2. Land Titles System - Land Titles Act
1. Registry System
* Oldest land registration in Ontario ( 1795)
* Land registry officers set up in every county
Abstract Index
* Abstract Index opened for each concession or plan
* Separate page in index for each lot or part lot patented by Crown
* Every document or instrument affecting lot is registered and listen on abstract page, in order of registration
Examples
* Deeds/Transfers
* Mortgages/Charges
* Leases
* Easements
-Registry system does not guarantee accuracy or effectiveness of documents registered.
-Title searcher must review all title documents to see whether they actually create title to land.
General Register Index
-All documents that do not specifically relate to particular lot, but provide information relevant to title.
- Documents which provide certain evidence upon which title may depend.
Examples
* Will
* Power of attorney
* Certificate of name change
* Order removing trustees of will
* Articles of incorporation
* Marriage certificate
* Divorce judgment
* Statutory declaration
* Declaration of possession
Bylaw Index
* Lists all by- laws relation to land in registry office
* by- laws may affect title or use of property
* by-laws directly affecting title must contain local description and be registered in abstract index
Day Book
* All entries first entered...