The Land Titles System

 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

Unregistered Hydro Easement
Waste Disposal Search
 Inquire to TARION of the
enrolment number of the builder
and home.
 Most are registered… but some
may not be.
 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