1.4 - Title Registration

Question 1

what is a deed?

Answer 1

any document under seal (conveyance)

Question 2

what is a void deed?

Answer 2

deed that looks valid but is not.
forged/illegal/non-est factum

Question 3

what system of land registration is used in BC?

Answer 3

Torrens

Question 4

what is the Torrens system of land registration?

Answer 4

makes sure land title is registered to provide security to people holding interests in land

Question 5

what are the 4 main aspects of the Torrens system?

Answer 5

• indefeasibility principle (if named on title, ur good)
• effect of registration (has to be registered to be legit)
• abolition of notice
• assurance principle

Question 6

what is the indefeasibility principle?

Answer 6

purchaser on the TITLE is entitled to that fee simple estate
*doesn’t extend to charges on property or if obtained by fraud

Question 7

what is the effect of registration (Torrens)

Answer 7

title has to be registered to be legit. whatever is registered first is the legit.

Question 8

what is abolition of notice (Torrens)?

Answer 8

purchaser only needs to be concerned with interests contained on the register
*doesn’t protect purchaser who participates in fraud

Question 9

what is the assurance principle (Torrens)?

Answer 9

protests parties who lost interest in land as a result of indefeasibility principle and can’t recover it by a court action

Question 10

what are some exemptions to principle of indefeasibility?

Answer 10

• crown land
• taxes
• BC Hydro/power right of way
• municipal charges
• highways/easements
• fraud
• caveats, builders liens

Question 11

if tenant lived in lease for 3 years or less, is indefeasibility principle excepted?

Answer 11

yes

Question 12

what is a caveat? how long does it last?

Answer 12

a registered charge against title by a person claiming an interest in that land, remains on charge for 2 months

Question 13

what is a certificate of pending litigation?

Answer 13

notice to anyone searching title that a court action has been commenced concerning the property (I.e. unpaid mortgage)

Question 14

what is a ‘charge’?

Answer 14

an estate or interest in land less than a fee simple that can be registered under the land title act (all encumbrances)

Question 15

what is an encumbrance?

Answer 15

lien/mortgage/claim to land less than fee simple that burdens (encumbers) title to property against which it is registered

Question 16

how long does a claimant have to file a builder’s lien? how long does it last?

Answer 16

45 days after trigger date to file, lasts for 1 year

Question 17

what is a notation of trust?

Answer 17

when property is not registered in the name of beneficial owner
trustee holds the property IN TRUST

Question 18

wear are the 3 documents needed to transfer legal title to transfer legal title from a seller to buyer?

Answer 18

freehold transfer form (“Form A”)
property transfer tax
charges (i.e. mortgage, easements, heritage designation)

Question 19

what is title insurance?

Answer 19

covers risk of forged deed, boundaries, zoning & other aspects of land
has become common in BC because costs less than survey
may be required by lender to approve mortgage

Question 20

does indefeasibility or assurance fund apply to manufactured homes? why?

Answer 20

no because they have NO TITLE, only registered ownership

Question 21

how are manufactured homes registered?

Answer 21

they have 2 decals, good for lifetime of home, affixed within manufactured home

Question 22

how long are transport permits valid for & what do they allow?

Answer 22

30 days, allow movement of manufactured home to 1 specified location