Chapter 3: Land Registry & Title Registration

LAND REGISTRATION SYSTEM:2 land registration systems exist in Ontario1. Registry System (Registry Act) (being phased out)2. Land Title Systems (Land Title Act)  POLARIS-automated system-Province of Ontario Land Registration and Information system-the mapping and property detail database of the Ontario Government TERANET-a company responsible for the automation of property records in Ontario-responsible for the implementation, operation and enhancement of POLARIS) Records are being converted to land titles The Recording Act The recording act provides statutory rules affecting interests with respect to land In Ontario, land is registered under, either the Registry Act or the Land Title Act-NEVER BOTH Registry System-the Land registrar is an administrative official taking no responsbility to verify title Land Title System-the land Registrar maintains & guarantees title The Registry Act all land register at registry office, & adbstracts lots (titles) are divided under a township basis, divided into concession & lots Plan #-each parcel of land got assigned a # Land Titles Act all land titles assigned parcel # Method of registration in which government guarantees the title of land and operates the registration process All transactions must be registered against the title in the province land title office Certificate of Title-accurate reflection of the results of all proceedings affecting the property An Assurance Fund is provided against errors & omission (adverse) Each parcel of land is recorded at the Land Titles office as a unit of the property A Land Titles office is referred to as:The Land Registry Office for the Land Titles Division of the Regional Muncipality  3 Principles: The Land Title System operates in accordance with 3 PrinciplesMirror Principle: The registry of title is a mirror that accurately reflects the current facts that are material to a person's titleCurtain Principle: The register is the sole source of information for proposed buyers whom need not concern themselves with trust and equities that lie behind the curtain of informationInsurance Principle: The mirror (register) is deemed to give the absolute correct reflection of title, but if through human eroor a flaw appears, anyone who suffers loss must be put in the same position that he would have been in had the reflection been a true oneForms Permitted for registration includes: Transfer Deed (Form 1) Charge/Mortgage of Land (Form 2) Discharge of Charge/Mortgage (Form 3) Document General (Form 4)  Schedule (Form 5) Land Titles Assurance Fund- part 5 of the Land Titles Act-provides that persons deprived of ownership through selected errors or fraud are entitled to compensation (provided that compensation cannot be obtained from other sources) Compensation is subject to various qualifications-Apply to the Directors of Titles & Amount will be determined by them Land Registry Office (LRO)  public access during business hours to search & register documents (e-registration for land transactions and online search-Teranet) paperbased-real estate practioners search for property records by preparing a request for service form and paying appropriate fee Automated-users access land info via comptuer using TERAVIEW software that provides secure gateway fees include:document registration, furnishings of selected title records, provision of maps, large surveys, subdivision plans & oversize documents Title Searching:  locating, organizing & condensing pertinent facts about documents and related materials registered on title Typical search-lawyer, title searcher on behalf of lawyer Employees of lending institutions, government representatives appraisers, private investigators, developers, municipal authories and law enforcement agency Title info: once reviewed-leads to the conclusion of whether or not the owner has goods and marketable title Other Services:         PPRS-Personal Property Registration System                   -registered interest in equipment, inventory and consumer goods                   -corporate, birth, marriage & death certificate registration                   -stores info concerning purchase goods & other personal property used to secure loan regarding such purchasers (first, middle& last name)                    -considered a chattel, under PPRS creditor files a financing statement that includes name, address of the debtors, classification of the chattel and brief descriptionLand Title Conversation Project conversion of registry docs to land titles coincident with a change to automated POLARIS system Land Titles Conversion Qualified: 1st application is replaced with large scale adminstrative conversion  A pre-established search procedure verifies existing titles within registry-certification of title is issued upon investigations & recommendation of rep of the Ministry of Government Services-LTCQ-properties converted  Title of Property is insured with claims being settle under Land Title Assurance Funds Conversion Search Process: The administrative conversion of registry is to qualify land titles as part of POLARIS automated process, For land titles-a search process was developed that would account claims 40 years period & establish new owners Land Title Converted Qualified vs Land Title Absolute Land title absolute-is issued for parcels that are brought into land titles by way of 1st application  subject to titles qualifiers set out in section 44 of act. LCTQ involves parcels that are brought into land titles during the administrative conversion from registry records to develop property by registering a plan of subdivision or condo on an LTCQ must make an application for absolute title=removed Title Problems: IF a title related problem is uncovered during the search process that cannot be resolved, the property converted to land titles-it will be maintained in the registry system Problem with boundaries, encroachment, conflicting description are more common Automated Records & E-RegistrationLand Registration Reform Act-3 Parts-April 1, 1985-instrumental for standardized records while paving way for E-regPART 1: LRRA-devoted for implementation of standard registration docs for both registry and land titlesPART 2: authorized automation of records & prperty mapping, including storage & retrieval of such docsPART 3: outline procedures for e-reg including use of electronic formates, legislative title for land title conversion projectPOLARIS (province of Ontario Land registration and information system) operates based on title index, (description of property ownership) & property mapping (surveys & plans) databases  registers property under a parcel basis in the same fashion as a Land title sytem guarantee of title normally associated with land titles does not accompany this parcelization process (parcelization refers to the organization of property by land ownership not geographic locations in registry) By centralizing data, search time decreases manual abstracting eliminated & access provided to remotely search records as well as mapping info Implementation1) costly & timely because searching & reorganizing does & property data under ind. parcels=data forms basis for computerized title index2) recording mapping info. forms the foundation for property mapping database-POLARIS permits users to find property by individual parcels (PIN#-property mapping=geographic pinpointingMapping-address, owners name, property identification #-if 1st 2unknown-PIN # quickly located through block & property index mapsBLOCK INDEX MAP-large tracts of land within individual communities are organized in terms of block uses block to find general location of propertyPROPERTY INDEX MAP-views for appropriate property, each map a detailed expansion of individual blocks & identified in the block index mapPROPERTY IDENTIFICATION #-PIN-assigned when properties are converted to land titles and automated under POLARIS system.  A combination of block #'s & Property Index #s form the property identification #ie. 00114=property # is 0051, and the PIN is 00114-0051Teranet-e-services, web based application for the legal profession, spatial date-related programs, online payment of parking tickets, moving violations & e-service delivery           -originally described as a land information services company offering land related data access, technology and expertise to private/publicAUTOMATION OF LAND REGISTRY OFFICE 1991-Teranet worked with Ontario Government to revamp the land registry system OBJECTIVE: TERANET-1) automate & enhance the Ontario's land registration system based on the POLARIS technology 2) Develop an info. utility to manage the land registration database & other land related info & serve as the communications gateway for remote access 3) Market its expertise, sytems by way of in-house expertise and related ino-systems by way of in-house expertise along with the resources of various technology partners TERAVIEW operated by Teranet, electronic gateway software, provides land info products & services included--Polaris land reg system permit users (lawyers, real estate practitioners, municipal officials and appraisers to perform selected search activities online connection to land registry office RE Prof. access title info, PIN#, confirm legal description as well as ownership particulars Legal uses e-registration function, searches, creating and submitting title docs for registration, viewing  WRIT Search features allow lawyers to search both personal & company names regarding written of execution Each firm has Personal Security package (PSP) and packages are issued by completing a personal security licence application to Teranet & approved by Teranet & Teranet account holders Searching POLARIS The teraview software accesses 3 different databases within Polaris 1) Title Index Database-replaces abstract indexes, automatically updated as new docs are registered 2) Property Index Database-visual indexing maps to locate properties, updates occur following doc reg when mapping amendments are made relating to property boundaries 3) Image Database-plans/images of all active instruments in title index databases. E-reg docs are updated shortly after reg. Paperbase docs micorfilm and transferred image database Preparing for E-Reg-allows search parcel records with polaris enter -unique 9 digit property ID #, municipal address, name, registered instruments, map, condo plans & plan of subdivisionEREG Method-Individual provided access can register docs electronically from their offices, use Kiosk in land reg office, crown grants & declaration & decription must be registered traditional wayPROCEDURES-docket includes registration docs prepared by one's lawyer with subsequent forwarding (messaging) through Teraview Gateway softwareCompleting Docs-seller's lawyer access Teraview software and creates a transfer by inserting relevant info.1) Form 1-including Planning Act statements & other legal statements that are part of document package-transfer/Deed of Land-property details, transferor & transferee-lawyer sends a message to buyers lawyer-access docCREATE & UPDATE-docs prepared by eg transfer/deed of lands2) Buyers lawyer-accepts access & checks for writs of execution against the seller-none-buyers lawyer adds B info -completes the land transfer tax statement found in the Land Transfer Tax Affidavit that accompanies Transfer/Deed3) After completed by both lawyers, electronic signature 2 types of signatures are required-completness and signed-validates accuracy of statement made4) Release Sign-confirms docs ready for registration-both lawyers release docs for registrationREGISTRATION DOCUMENTS-Land Registration Reform Act Sets out 5 docsFranchise TypesFORM 1 Transfer/deed of land (land transfer tax affidavit accompanies form 1 @ pt of registrationFORM 2 Charge/Mortgage of LandFORM 3 Discharge of Charge/MortgageForm 4 Document GeneralForm 5 Schedule-used as a standard att. to form 4Transfer/Deed of land-used to convey title-full names seller (transferor) & buyer (transferee) & date of birthImplied Covenant-Sec 5-Land Registration Regorm Act sets out the implied covenants for a transfer of land by the transferorLand Transfer Tax Affidavit-must accompany every doc being registered in Ont. Land registry office that transfer an % in land-required by the Land Transfer Tax Act when this doc is presented for registration-Tax paid to Ministry of FinanceCharge/Mortgage of Land-Form 2-standard form used to register a mortgage under either the registry or land title systems, important info-mortgage financing on property being listed, balance of form-property details including an assessment, roll number, fee associated mortgage registration, Mortgage is a charge-land registration reform act, no transfer of title occurs, rather identifies a debt against the chargor's (mortgagors) propertyStandard Charge Terms-A doc containing mortgage terms and conditions registered by a mortgagee in land registry which can be referenced in a charge/mortgage land & # is assignedDischarge of Charge/Mortgage-formed used to discharge a mortgage registry/land titles, executed by mortgagee & given to mortgagor verifying mortgage loan repaid in full, doc is registered @ the land registration office, lawyer prepares discharge & a fee is charged for serviceDoc General-blank form meeting prescribe standard ie notice of lien, caution, discharge of lien, power of attorney, judgement & notice of survivorshipSchedule-used as an attachment with other paper based or electronic formsLeasehold Interest-may be registered land titles system-lessee (tenant) holding a lease exceeding 3 years must register a notice of lease, using form in order to protect their interest, Lessor (Landlord) can register an assignment of rents relating to a lease that has been registeredCrown Lands-public land-Public land actCrown Patent-original title deeded by government & generally accepted as the root of all title, portion of land reserved for future road constructionNative Land-reserve land held by Crown for native pple Indian Act-surrendering & management of land by Federal GovernmentNational Registry-national indian land registry 1968Power of Attorney-involved in registration of property, delegated written authority to a person to action behalf of another person, donor-grans POA, Attorney-exercises powerReal Property-a continuing power of Attorney for property deal with REmust be registered in the registry office showing both donor & attorneyEstate of Deceased Person (registered owner)_administered by an estate trustee (sign on behalf of deceased) & estate trustee with a Will (formerly an executor)

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