Chapter 1.4: Title Registration Flashcards
_____ is any document under seal (conveyance of real estate)
Deed
The _______________ doctrine conflicts with the torrens system
Common law doctrine
They’re opposites
The __________________ has abolished the common law doctrine in BC
Land title act
The common law doctrine is not the basics of the _________________
BC torrens system
They’re like opposites remember
The _______ is responsible to discover all interests affecting property
Purchaser
___________: a deed that looks valid but has no legal effect
Void deed
A void deed cannot transfer any ____________________
Title in the land
Non-est factum is Latin, meaning roughly what
I didn’t know what I was signing
A void deed can also be known as
1) forged
2) illegal
3) non-est factum
Under common law, your land was not secure for __________
20 years
Under a void deed, the right owner could recover his land by proving he is the right owner. What system was this rule under?
Common law
Old school system
To be protected under the Torren’s system of land registration, what 3 things must you do
1) must be a good faith purchaser
2) must have paid fair market value for the house
3) must have registered their title (name) in the Land Title Office
Indefensible is a protective word for
Purchaser / owner
Indefensible basically means
Interest in land (title in property) cannot be made void or cancelled by any past event, error or omission in the title
Indefensibility Principle
Purchaser, in good faith, named on title, will be entitled to that fee simple interest
_____________ does NOT extend to charges
Indefeasibility
Charge is not indefeasible
Only _____ is guaranteed under the act, no charges
Title
If charges are not allowed to be claimed under indefeasibility, what does this mean?
A charge is considered a mortgage, so indefeasibility does not protect any banks or mortgage providers
Effect of registration
_______ to Land does not pass until it’s registered
Title
Effect of registration
Delivery of a deed only transfers a right to apply for ___________
Registration
Abolition of Notice
A purchaser only needs to be concerned with those interests contained on the __________
Register
Abolition of Notice
Does not protect purchaser who participates in _______
Fraud
The _________________ is intended to compensate parties
Assurance principle
The Assurance principle is intended to compensate parties who;
1) lost interest in land
2) as a result of the Principle of indefeasibility (meaning of the land title act had not been passed they could have reclaimed their land)
3) and cannot recover their lost interest by court action
There are multiple exceptions to the principle of indefeasibility, name some:
1) reservations in crown grants
2) taxes (unpaid taxes)
3) leases where tenant has lived for 3 years or less
4) fee simple obtained by fraud
5) a public right of way in favour of BC hydro and power authority
6) municipal charges
7) highways and easements
8) expropriations, escheats
9) caveat, builders lien
10) incorrect boundaries
What is a caveat
A notice placed on the title to freeze it
Lapses in 2 months
What does CPL stand for
Certificate of pending litigation
What is a Certificate of pending litigation?
A notice of a pending court action registered against the title, preventing dealings with respect to property
Example: in the middle of a divorce this will apply so you can’t sell the land
Upon the completion of the project, a builder has ____ day to file a lien
45
Once the builder has filed the lien on the property, how long is it good for?
Lasts for 1 year
How to protect yourselves from builder liens
-hold back 10% of the price you have to pay until 55 days after the project has completed
Protecting yourself against a builder lien for strata lots
7/55 rule
Must hold back 7% of the gross purchase price for 55 days after the project is substantially completed, ended, or abandoned
Notation of trust
When a property is not registered in the name of a beneficial owner
The trustee is not the beneficial owner of the property but holds it in trust
What are the 2 documents required to transfer legal title from a seller to a buyer
1) a freehold transfer “Form A”
2) property transfer tax
What are some of the charges
Aka other interests less than fee simple
- mortgages
- easements / restrictive covenants
- building scheme
- caveat
- builders lien
- duplicate Certificate of Title
- pending litigation (court action on the property will hinder the sale)
_______________ has become common in BC
Title insurance
Title insurance Costs less than a_______________________
Survey of the property
____________ may be required by a lender as a condition of approving a mortgage application
Title insurance
Title insurance can provide coverage for many aspects of the _____
Land
What does CSR stand for?
Contaminated Sites registry
The ______________________ will never show up on a title search
Contaminated sites registry
______________________: information about potentially contaminated sites can be obtained through the British Columbia ministry of Environment’s site registry, which is available through BC Online
Contaminated sites registry
Contaminated sites registry (CSR) does not deal with any _____________
Title matters
It is far more likely that a contaminated site registry will exist for a _________ rather than _________ property
Commercial rather than a residential property
Manufactured homes are also known as
Mobile homes!
Think of Angie
__________ or __________ fund does not apply to manufactured homes
Indefeasibility or assurance
Because you do not own the land! Just the pad for the mobile home
A manufactured home can be placed on a _____
Pad - a slab of concrete basically
Manufactured homes have no ________, only registered ownership
No title!
If there is no title, then there is no indefeasibility and no assurance fund
A manufactured home must have _______________ which are good for the __________ of the home. These need to be affixed within the home
2 decals
Lifetime
For mobile homes, The 2 decals are not equivalent to a certificate of title, but it’s ________________ under the act
Proof of registration
The owner of the mobile home must affix the ______ in specified places on the manufactured home. Failure to affix or keep affixed the decals renders the owner liable for a ________
Decals
Penalty
Mobile Home transport permit, which means
You want to move your Mobile home elsewhere
A ____________ has to be obtained from the registrar
Transport permit
Mobile homes need to be ________ in the manufactured home registry
Registered
Before issuing a transport permit, the registrar must be satisfied that all ________ on the home have been paid
Taxes
Transport permits only authorize the _________ of a mobile home to a specific place
Movement
Transport permits are only valid for ___________ from the date of the issuance
30 days
The principe of Indefeasibility operates on the basis that the registered owner on title provides conclusive evidence of that persons entitlement to the fee simple estate
True or false
True!
Keyword: Indefeasibility = entitled
True or false
The principle of Indefeasibility extends to all validly registered charges on title
Charges = mortgages
Which we know are not protected
Which of the following statements about the common law doctrine of notice is false?
This doctrine is the basis of the BC Torrance system
This is false 
The abolition of the doctrine of notice by the Land Title Act is subject to the exception of
Fraud
If a registered owner loses an interest in land due to the principle of indefeasibility he or she will automatically qualify for compensation from the insurance fund
False
Automatically is too strong
CPL is known as
Certificate of pending litigation
