Content

Question 1

Agreement of Purchase and Sale

Answer 1

• The beginning of any real estate transaction
• Go to lawyer to make sure that the title of the property you intend to buy is clear – No title defects encumbrances, etc.

Question 2

Requisition date

Answer 2

deadline to bring up all title problems to seller for rectification. Seller to fix defects

Question 3

Legal Description of Property

Answer 3

• Any given property only has 1 discrete legal description which makes it easy to identify/search
• When the British surveyed the land of Ontario, they divided the land up into counties
  o EX. Ottawa = Carleton county
  o Counties were then divided up into townships which sit within the counties
• Townships then divided into concessions within townships, each concession is 1 1/4 miles
   Then divided into lots so that every 5 lots were 6600 ft
• Fun fact: all major streets in the original county of York (now Toronto) are precisely 1 1/4 miles apart (length of a concession)
• Need the legal description to look up records to a) confirm seller owns land and b) go back through chain of custody and ensure there are no title defects

Question 4

Title Search

Answer 4

Check transfer of property to seller to confirm ownership.
* Title Search in Registry System: Search title back 40 years to establish seller’s good title.
* Look for first good deed within 40 years (root of title). No need to go beyond 40 years; focus on last conveyance within this timeframe.
→ Exception for Long-Term Ownership:
If property owned by same person for over 40 years, deed can be pulled without 40-year search.

• Chain of Title and Encumbrances:
  Establish chain of ownership and check for encumbrances.
  Requisition encumbrances to be fixed if necessary (e.g., deposits, liens).
  Legal Description Match:
  Ensure legal description matches land being bought/sold for correct title.

Question 5

Crown patent

Answer 5

If title search goes all the way back. The first conveyance of land from the government to an individual landowner. At one point all land was “owned” by the Crown, they would then convey that land to an individual landowner. if you can’t find it, all title is no good.

Question 6

Registry to Title Conversion

Answer 6

1. Automated all registry records/properties
2. All properties were assigned a PIN (property identification number)
3. Then all properties were converted from registry to land title - Administrative process, no personal input.
   - Must look for pin creation date = date of conversion
   - Pull the register, make sure seller/current owner and legal description of land matches, and get deed

Question 7

Title of a land title property

Answer 7

the last owner shown as the registered owner on the parcel register is guaranteed to be the last owner  do not have to do a 40 year search
o If the last owner shown is not in fact the true owner/someone else makes a claim, you can bring a claim for your loss to the land titles assurance fund
o Parcel register and land titles can be relied upon as it is guaranteed to be correct
o much simpler to search than the land registry system