Land Registration System

Question 1

Provision listing ‘triggering events’

Answer 1

Land Registration Act s 46(1)
S - Sale
M - Mortgage
S - Subdivision
Q - 'Quieting of titles act'
C - Condominium

Question 2

Provision listing interests to be registered

Answer 2

Land Registration Act s 17(1)
F - Fee Simple
L - Life Estate
I - Interests of the crown

Question 3

Provision listing ‘mirror’ principle

Answer 3

Land Registration Act s 20
- provision establishing the registry system is a perfect reflection of reality, with exceptions for certain qualifications

Question 4

Provision listing ‘curtain’ principle

Answer 4

Land Registration act s 45

- no need to look up 40 years, except certain interests

Question 5

Provision listing ‘assurance’ principle

Answer 5

Land Registration act s 85

- if you suffer loss because of an error in the system, you can sue the governement

Question 6

Provision listing responsibility of lawyer

Answer 6

Land Registration act s 85 …

• s (1) lawyer must provide ‘certificate of legal effect’
• s (4) registrar can sue lawyer within 10 years of bad certificate

Question 7

Land Registration Act s 46(1)

Answer 7

5 'triggering events':
S - Sale
M - Mortgage
S - Subdivision
Q - 'Quieting of titles act'
C - Condominium

Question 8

Land Registration Act s 17(1)

Answer 8

List of 3 Interests that must be registered
F - Fee Simple
L - Life Estate
I - Interests of the Crown

Question 9

Land Registration Act s 20

Answer 9

“Mirror” provision

- system is reflection of reality, with certain exceptions

Question 10

Land Registration Act s 45

Answer 10

“Curtain” principle

- no need to look up 40 year history, except certain qualifications

Question 11

Land Registration Act s 85

Answer 11

“Asurrance” provision
- if you suffer loss because of an error in registration you can sue the gov’t
s (1) lawyer must provide ‘certificate of legal effect
s (4) gov’t can sue the lawyer for negligent certificate (10 year limitation period)

Question 12

Six qualities of adverse possession (authority and list)

Answer 12

(McInnes)
A - Adverse
O - Open
C - Continuous
P - Peaveful
E - Exclusive
A - Actual

Question 13

Case fleshing out meaning of ‘continuous’ in adverse possession

Answer 13

(Nelson)

• requires continuous possession, not occupation
• doesn’t always have to be the same possessor: now possessors can ‘tack on’ to establish timeline

Question 14

Provision establishing 20-year rule

Answer 14

Land Registration Act 74(1)

Question 15

Provision establishing 10-year registration of adverse possession rule

Answer 15

Land Registration Act 74(2)

Question 16

Provision establishing when adverse possession still applies to a registered property

Answer 16

Land Registration Act 75(1)

- adjacent + 20%

Question 17

Deferred Indefeasibility (Authority)

Answer 17

(Lawrence)

• the ‘intermediate’ party must perform due dilligence on a fraudulent title
• only the ‘deferred’ owner can claim good title if a BFPFV

Question 18

Discretionary Indefeasibility (provision)

Answer 18

Land Registration Act s 35(5)

Question 19

McInnes

Answer 19

Six qualities of adverse possession:
AOCPEA
Adverse
Open
Continuous
Peaceful
Exclusive
Actual

Question 20

Nelson

Answer 20

Case concerning ‘continuous’ in adverse possession

• requires continuous possession, not occupation
• doesn’t always have to be the same person, multiple possessors can ‘tack on’ to establish continuous possession

Question 21

Land Registration Act 74(1)

Answer 21

20-year rule for adverse possession

Question 22

Land Registration Act 74(2)

Answer 22

10-year registration rule for adverse possession claim

Question 23

Land Registration Act 75(1)

Answer 23

How adverse possession is still possible when property is registered
- adjacent + 20%

Question 24

Lawrence

Answer 24

Deferred Indefeasibility

• the ‘intermediate’ party must perform due diligence on fraudulent title
• only the ‘deferred’ owner can claim good title if a BFPFV

Question 25

Land Registration Act 35(5)

Answer 25

Discretionary Indefeasibility

Question 26

Statutory Provision establishing prescriptive easement

Answer 26

s 32 Real Property Limitations Act

Question 27

s 32 Real Property Limitations Act

Answer 27

Statutory authority for prescriptive easements