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Real Estate > Chapter 4: subdivisions, title registration > Flashcards

Chapter 4: subdivisions, title registration Flashcards

1
Q

Name the 5 categories of land ownership in British Columbia

A
  1. Federal Crown lamds
  2. Provincial Crown lands
  3. Privately owned lands
  4. Treaty settlement lands
  5. Aboriginal title
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2
Q

Whats the 93% of lands in BC, and what’s the 0.02%?

A

Provincial Crown lands - 93%
Treaty settlement lands - 0.02%

Private lands - only 5%
Federal Crown lands - only 1%

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3
Q

When was the pre-existing land rights (Aboriginal Title) affirmed , which year and by which court?

A

Year 2014, by Supreme Court of Canada.

In this decision, the Court granted more than 1700 square kilometres of land in BC.

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4
Q

What are the eligibilities to claim the Aboriginal title?

A
  1. an Aboriginal group
  2. must prove that their use of the territory was regular
  3. prior to the assertion of Crown sovereignty
  4. if they are relying on the use of land as evidence of their pre-sovereignty occupation, they must the continuity between the present occupation and their pre-sovereignty occupation
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5
Q

Can the Aboriginal title be sold to an individual?

A

No. It can only be sold back to the Crown.

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6
Q

How to establish an Aboriginal Title?

A

Court declaration or a contractual agreement between the Crown and the Aboriginal group.

Once established, gov and others cannot use or develop the land unless they have the permission of the Aboriginal title holders.

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7
Q

What is an “allotment”?

A

It is the right to use and occupy a piece of right within the Indian reserves. The reserves are under the Indian Act , they are the lands owned by the Federal Crown for the use and benefit of First Nations. They have collective rights to benefit from the “allotment”

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8
Q

What is the purpose of the Treaty Settlement Land?

A

Promote reconciliation between the Crown and Aboriginal groups and also to promote certainty over the distribution of land ownership in BC.

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9
Q

First Nation owns a treaty settlement land in what type of estate?

A

Fee simple.

Each First Nation also has extensive governance authority over the treaty lands.

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10
Q

Does owner of fee simple estate have inherent rights to subdivide his or her parcel of land?

A

At common law, it was allowed. But that common law has been extinguished in BC. Section 73 of the Land Title Act provides that one must not subdivide the land except in compliance with the Land Title Act. It also requires regulatory approval. All subdivided must comply with all local bylaws, maybe required to dedicate some of the lands as road or park or to install certain services at its own expense. The registrar at the LTO must not deposit a subdivided plan unless it has been approved by the approving officer by the relevant authority.

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11
Q

What is created when a strata plan is filed?

A

strata lots and common property

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12
Q

What is strata lot?

A

Parts on the strata plan that are created for INDIVIDUAL OWNERSHIP.

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13
Q

What is common property?

A

Any part of the strata plan that is not part of the strata lot, and a variety of service facilities, depending on their location and use.

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14
Q

What is the Schedule of Unit Entitlement?

A

You will see this when you sell a strata lot.

It is a table included in the strata plan that sets out each owner’s proportionate interest in the common property. It is often used to calculate strata fees.

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15
Q

What is conversion?

A

Refers to a project where the developer owns a building and wishes to stratify it by subdividing the building into strata lots and common property.

It can be previously occupied buildings for residential, commercial, industrial, or recreational purposes.

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16
Q

What would the authority consider for conversion?

A
  1. priority of rental accommodation over privately-owned housing in the area
  2. proposals for relocating persons presently in the building
  3. life expectancy of the building
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17
Q

Which Act should a developer comply with when wishes to convert a building occupied by tenants?

  1. Land Title Act
  2. Land Act
  3. Residential Tenancy Act
  4. Indian Act
A
  1. Residential Tenancy Act
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18
Q

Which Act allow air space to be subdivided ?

  1. Land Title Act
  2. Land Act
  3. Residential Tenancy Act
  4. Indian Act
A
  1. Land Title Act
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19
Q

If you are a strata owner and you are not happy with your Strata Council, what can you do?

A

Do a general voting meeting and direct the council to comply with the Strata Property Act. The act also gives every owner the right to apply to the Supreme Court of BC for an order requiring the strata corporation to comply with the legislation.

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20
Q

What are the Three Strata Principles?

A
  1. A strata is a strata - condo is strata, duplex is strata
  2. Strata is self-enforcing
  3. Not on reserves - except the treaty land First Nations who are fee simple owners, but NOT on the Indian reserve lands.
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21
Q

What is a freehold strata vs. leasehold strata?

A

Freehold = a strata development in which lots are owned in fee simple, entitiling the strata owners to all the property rights associated with fee simple ownership.

Leasehold strata = a strata development created by a developer on a leased lands (of at least 50 years) are sold through assignment of the developer’s leasehold interest in each strata lot.

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22
Q

What is a deed and a void deed?

A

Deed is any document under seal.
Document that effects the transfer of real property.

Void deed = although it looks valid, it has no legal effect and is not capable of transferring any title in the land from the vendor to the purchaser.

23
Q

What does the void deed doctrine in latin means?

Nemo dat quod non habet

A

One cannot give what one does not have

24
Q

Who came up with the Torrens System’s approach?

A

in year 1858, South Australia, by Robert Richard Torrens who was a customs officer, who believed that the system of registration applied to ownership of ships could be applied to ownership of estates and interests in land.

25
Q

What are the main objectives of the Torrens System?

A
  1. To provide certainty in the holding of estates and interests in real property
  2. remove the need of reviewing old title documents
26
Q

What are the guarantees of the Torrens System?

A
  1. the information is accurate
  2. the title document is the only relevant source
  3. registered owner’s title is indefeasible
27
Q

What act established the Torrens System?

A

Land Title Act.

28
Q

What is the torrens system? definition

A

A system for the registration of ACTUAL TITLE TO LAND in order to provide SECURITY to those holding interests in land and to REMOVE THE NEED FOR RETROSPECTIVE INVESTIGATION of titles to land.

29
Q

What are the four most important aspects of Torrens?

A
  1. the indefesasiblity principle
  2. the effect of registration
  3. abolition of notice
  4. the assurance principle
30
Q

What does “indefeasibility” mean?

A
  1. cannot be defeated or made void
  2. once the name appears on the certificate as the owner of the fee simple estate, he/she is the fee simple owner
  3. in BC, subject to the statutory exceptions, the Land Title Register is conclusive evidence that the person is holding a fee simple estate and is entitled to that interest and is not subject to any condition or encumbrance other than those shown on the Land title Register
31
Q

Can leasehold landlord sell the strata lot?

A

Strata lots are “sold”, but not in the same manner as freehold strata lots. Because the original developer leases the strata lots and does not own them, the developer cannot sell fee simple title to the strata lots (they only lease the lands - for at least 50 years). The developer can only sell its interest as a leasehold tenant under the strata lot lease. Because this is a contract, the “sale” of a strata lot from a developer to a buyer in a leasehold strata is really an assignment of the developer’s leasehold interest to the buyer.

32
Q

Why does the leasehold strata landlord need to purchase the interest back when the term runs out?

A

Special laws in BC make it such that when a leasehold strata term does run out, the interest in the strata lot is not automatically returned to the leasehold landlord. Rather, when the term runs out, the leasehold landlord can RENEW the lease or TERMINATE it by purchasing the leasehold tenant’s interest in the strata lot. There is generally a formula in the lease agreement dictating how to calculate the purchase price. The “logic” in these rules is to offer some sort of legal protection to leasehold tenants by ensuring that even when the lease term runs out, they still have an interest in the property.

Therefore, you can think of a leasehold tenant’s interest in property as being unique. It is not the same as a normal lease, because they maintain an interest after the term expires. And it is not the same as a freehold tenant because the term does expire

33
Q

Which of the following is not a charge on the title?

  1. statutory right of way
  2. liens
  3. mortgages
  4. easements
  5. fee simple
  6. covenants
  7. leases
  8. judgements
A
  1. fee simple.

The rests are charges that are interests in land less than a fee simple.

34
Q

Is mortgage interest or charge?

A

Charge. Indefeasiblity does not extend to charges.

35
Q

What is the doctrine of notice?

A

只要系统里可以找到的，你就应该接受….

but this has been abolished of the Land Title Act and 被 Torrens System 的绝对准确性质给取代了

36
Q

Who took over the maintenance of Assurance Fund from the provincial government in year 2005?

A

LTSA - Land title and survey authority

37
Q

What are the eligibilities for one to claim Assurance Fund ?

A

To qualify for compensation one must prove


  1. lost an estate or interest as a result of the registration of someone else other than the claimant as owner
— claimant would have recovered estate or interest at common law
  2. no recovery of estate or interest in court (the feud person flee the country… the person to sue is dead)
  3. Assurance Fund is the last resort
38
Q

If there is an error in boundaries or dimensions listed in a particular plan, can one claim the Assurance Fund?

A

No. Error of boundaries is one of the 10 indefeasibility principle exceptions.

39
Q

Who is trustee and who is beneficiary?

A

Trustee is an individual or a business entity in whose name a trust is held. (被信任的) / (the adult)

The individual for whom the trustee holds the property is called a beneficiary (the child)

40
Q

Can a trustee’s name appear on the register?

A

no

but title may be registered. But no declare of trust shall be registered.

In effecting registration in the name of a personal representative, the register must add the name and address of the personal representative , an endoresement

So a notation of the trust is made on the title (备注) and the trust document is filed in the land title office.

Licensee wont know until a copy of the trust document is obtained from the LTO.

41
Q

Where are the three land title offices located in BC in which they were transferred to LTSA (Land Title and Surveillance Authority) in Jan 2005?

A
  1. New Westminster
  2. Kamloops
  3. Vancouver

Each has its own registrar

42
Q

What is a PID and can it be changed?

A

It is a property’s parcel identifier. Licensee can conduct the search for property’s title on www.ltsa.ca

PID is never change once associated with a property, unless the property is later subdivided or consolidated (joined together) at which point a new title is created.

PID is usually the best way to obtain a land title search.

43
Q

How to find out he PID of a property?

A
  1. BC assessment “eValueBC”
  2. Vancouver’s GIS mapping service
  3. property tax statement
44
Q

What is an encrumbrance?

A
  • judgement
  • mortgage
  • lien
  • Crown debt
  • other claim on land less than a fee simple.
    An encumbrance functions to encumber (restrict/burden) title to the property
45
Q

What cannot be registered if the duplicate cert of title is taken out from the LTO?

A

Transfer
Mortgage
Long term lease

46
Q

What if you need to search the history of the land?

A

If you want to view the contents of a title, you must order a copy of the title for the fee. Once you have a copy, that is yours to keep, so you would not need to order another copy if you want to refer back to that title. However, each additional search will cost money. If you want to search for previous owners, that information will be available through land title records, as opposed to the land title which only shows the current owner. Copies of land title records can also be requested for a fee

47
Q

What are the differences between the manufactured home registration system and the Torrens system?

A
  1. manufactured home system has no title
  2. no indefeasiblity
  3. no assurance fund
  4. some cases, registration is mandatory (Land title registration is not mandatory)
48
Q

What will the owner of a manufactured home get once the registration is completed?

A
  1. A registration number
  2. 2 decals bearing that number that must be affixed in specific places on the manufactured home. (like car plates) - it is not the registration certificate but is a proof of registration.

After the transfer of interest is successful, the owner will receive a certificate from the registrar which contains reg. number, year, make, model of the home, registered location, name and address of the owner, file number of any security interests registered against it.

49
Q

What do you need to do if you want to move a manufactured home?

A
  1. Make sure all your taxes are paid
  2. Because you will need a transport permit (and registrar will look at any owed taxes before issuing it) which allows you to move the home within 30 days
  3. Make sure the manufactured home is registered.
50
Q

If A and B are joint tenants, and B dies and will it to C and D, will C and D be rightful owners?

A

Remember that joint tenants cannot leave wills. If B dies, the % goes to A for 100%. So the will for C and D is invalid.

51
Q

Under Land Title Act, is registration required to be enforceable between two parties to the contract?

A

No. If A sells the property to B which B does not register, B will be able to enforce against A. However if sold to good faith purchaser C for a valuable consideration, B will lose interest in the land because B has not registered.

52
Q

If you are not claiming interest on a property can you file a caveat?

A

No.

53
Q

Can you claim an assurance fund if you neglect to register your land interest?

A

Land Title Act states that assurance fund is not liable to compensate a claimant for the loss caused by his or her own neglect.

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