Course 1, Module 4, Lesson 2 Flashcards
What are the TWO land registration systems in Ontario, where are they most prevalent, what are they governed by, and which is older?
- The Registry System is predominant in Southern Ontario and created under the Registry Act. It is the older of the two
- The Land Titles System is prevalent in Northern Ontario and is governed by the Titles Act
What is the difference between the Land Registrar under the Registry System (south) and that of the Land Titles System (north [newer])
The Land Titles System’s Registrar maintains and guarantees the accuracy of titles.
What is the MAIN difference which makes the Land Titles system superior to the Land Registry system?
Unlike the Land Registry System, the Land titles system isn’t based on geographic location and instead each parcel is organized by ownership.
Registry is now being digitized. What is the name of the e-system and what program maintains it?
- Polaris
2. Teranet
What are the 3 major benefits of conversion to E-registratrion
- Quick ID of owner
- Can determine what financing exists on the property
- Can identify a multitude of issues that may affect the property
Is it true or false that registries are being converted to the land titles system as they are being digitized?
TRUE
What is the definition of title searching?
It is the process of locating, organizing, and condensing pertinent facts about documents and other material registered on title
What allows the E-registry system to work so quickly?
Only contemporary interests exist, old ones are deleted
What is the official name of a Land Titles Office?
“The Land Registry Office for the Land Titles Division of the Regional Municipality/County of _____”
What are the THREE principles of the Land Titles System
- Mirror Principle - reflects all relevant facts
- Curtain Principle - not necessary to worry about past dealings on property
- Insurance Principle - if the registry is wrong due to human error, will be compensated
What part of what act is the Land Titles Assurance Fund created?
Part 5 of the Land Titles Act
What is an example of a scenario in which an owner is entitled to funds from the Land Titles Assurance Fund (ie lost interest in land, can’t recover it, lost it due to fraud)
A dilapidated house isn’t lived in for some time. A fraud registers his name on title and sells the land. A new home is built and the fraud is long gone.
How many years of outstanding claims are considered as registry documents are converted to the land titles system?
40 years. The system assumes prior errors or omissions would have been caught by law firms conducting the 40-year search required to transfer land.
What is the name of the software used to streamline land titles conversion?
Teraview
How many years or deeds are searched to establish ownership when converting from registry to land titles system?
At least 10 years of ownership or the last 3 deeds (whichever is longer)
Are there squatter’s rights in the Land Titles System?
NO
What are THREE differences between Land Titles Converted Qualified (LTCQ) and Land Titles Absolute (LTA)
- LTA are subject to qualifiers of the Land Titles Act
- LTCQs can take advantage of the assurance fund
- LTCQs may be responsible to those who have a claim to the land by adverse possession, prescription, misdescription, etc.
What is a property that is Land Titles Converted Qualified?
It is one which is brought into the Titles Registry System through administrative conversion to Polaris
How has a property considered a Land Titles Absolute entered the Land Titles System?
Through first time application to the system. This accounts for about 35% of the system.
If a title-related problem is encountered during the conversion and digitizing process, what will happen next?
It will be digitized but remain in the old Land Registry System rather than enter the Land Titles System
Boundary issues are somewhat common (conflicting descriptions in adjoining deeds). What is recommended to find these?
Search for inconsistencies in surrounding properties
What is the difference between Polaris and Teranet?
POLARIS is the mapping and property database of the Government of Ontario while TERANET takes care of the implementation, operation and enhancement of Polaris
What does P.O.L.A.R.I.S. stand for?
The Province of Ontario Land Registration and Information System