Basics A: Land Titles System of Registration Flashcards
Define: Torrens System
Method of keeping track of land ownership in Alberta
What is the online system called for the LTO?
SPIN2
Are original land titles held by owners or LTO?
All original land titles are held at the LTO
What are the 3 principles of the Torrens System?
- The Mirror Principle
- The Curtain Principle
- The Insurance Principle
Define: Mirror Principle
Current title accurately reflects (mirrors) facts (name of owner, estate, encumbrances, etc.)
Define: Curtain Principle
A “curtain” is brought down on all past dealings
(All past dealings are ignored/forgotten about)
Define: Insurance Principle
LTO maintains Assurance Fund to compensate a person who has had rights to land taken away (unless it was acquired by fraud)
Mirror Principle + Curtain Principle = _______
Indefeasibility of Title
Define: Indefeasibility of Title
Once current owner has title in their name, it cannot be defeated
Exception: If current owner is guilty of fraud
What does LTO issue to documents upon registration?
Registration number
(consecutive, can determine what was registered first)
Should encumbrances be registered on Title?
Yes, in order to give notice to others that it exists legally
Define: Encumbrance / Interest / Lien
Any claim, lien, charge, or interest attached to and binding real property
Encumbrances registered by LTO are binding on all _______ owners
Subsequent
What does it mean to be “binding on all subsequent owners”?
Any future owners are bound by registered encumbrance
What are 5 types of encumbrances?
- Caveat
- Easement
- Restrictive Covenant
- Encroachment
- Mortgage