Basics A: Land Titles System of Registration Flashcards

1
Q

Define: Torrens System

A

Method of keeping track of land ownership in Alberta

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2
Q

What is the online system called for the LTO?

A

SPIN2

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3
Q

Are original land titles held by owners or LTO?

A

All original land titles are held at the LTO

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4
Q

What are the 3 principles of the Torrens System?

A
  1. The Mirror Principle
  2. The Curtain Principle
  3. The Insurance Principle
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5
Q

Define: Mirror Principle

A

Current title accurately reflects (mirrors) facts (name of owner, estate, encumbrances, etc.)

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6
Q

Define: Curtain Principle

A

A “curtain” is brought down on all past dealings
(All past dealings are ignored/forgotten about)

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7
Q

Define: Insurance Principle

A

LTO maintains Assurance Fund to compensate a person who has had rights to land taken away (unless it was acquired by fraud)

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8
Q

Mirror Principle + Curtain Principle = _______

A

Indefeasibility of Title

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9
Q

Define: Indefeasibility of Title

A

Once current owner has title in their name, it cannot be defeated
Exception: If current owner is guilty of fraud

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10
Q

What does LTO issue to documents upon registration?

A

Registration number
(consecutive, can determine what was registered first)

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11
Q

Should encumbrances be registered on Title?

A

Yes, in order to give notice to others that it exists legally

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12
Q

Define: Encumbrance / Interest / Lien

A

Any claim, lien, charge, or interest attached to and binding real property

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13
Q

Encumbrances registered by LTO are binding on all _______ owners

A

Subsequent

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14
Q

What does it mean to be “binding on all subsequent owners”?

A

Any future owners are bound by registered encumbrance

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15
Q

What are 5 types of encumbrances?

A
  1. Caveat
  2. Easement
  3. Restrictive Covenant
  4. Encroachment
  5. Mortgage
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