Registration

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...