midterm -module 2 Flashcards
teranet manitoba
service provider that operates and manages the manitoba land title
Manitoba LTO (land titles office)
deals with the registration of documents that affect interest in land
how man land titlle offices are there in manitoba and where are they
there are 6 land title offices in manitoba
they are in manitoba, brandon, morden, dauphin, neepawa and portage la prairie
what is an interest of land
it means there is a right to land or ownership in land
ex. transfers, mortgage, liens, discharges
guaranteed accuracy of title
title is the document showing the right or interest in land
the government of manitoba guarantees accuracy of title
person shown on title as owner of the property, is in fact owner (even if there has been an error made) - if loss is caused due to an error, a claim may be made under the land titles assurance fund that includes claim for compensation, claim for ownership
ensuring accuracy of title
registrar and document examiners carefully check each document submitted to make sure it is accurate
- documents not in the form prescribed by law or not completed correctly will be rejected - rejection fees may be charged and client files would be delayed
accepted documents from manitoba land titles
when documents are accepted, proof of acceptance is received after the closing of the interaction
- effective date would be the date when the land titles office received the document
- effective the day we file the document
what are the land descriptions
civic description
legal description
metes and bounds legal description
civic description
this includes a street address, your street address, and physical location
legal description
this includes the geographical description
- used to formally describe that same property
- different descriptions for rural and urban property
metes and bounds legal description
parcels or land described by distances, angles, degrees and directions
- used to describe an irregularly shaped parcel resulting from a subdivision or expropriation
what is the centre vertical line in Manitobas Grid called
Principal Meridian - squares within the grid are designated as townships and ranges
townships
- numbered starting at the southern border of the province going north
- south to north
ranges
- numbered starting from the principal meridian and going west and from principal meridian going east
- east to west
sections
- within each square are 36 sections of land
- numbered starting in the SE corner and going left to right and from bottom up
rural descriptions
usually read from smallest to largest unit
what is the typical rural legal description
- it will designate the section number (or half or quarted thereof by compass points)
- the numbered ownership
- the numbered range
- west or east of the principal meridian (SE 1/4 2-16-22EPM -> south east quarter, section 2, ownership 26, range 22 east of the principal meridian -> read backwards to look for the place)
plan of subdivision - urban property land description
- required when a single parcel of real property is being subdivided into smaller groups of residential or commercial properties for sale
- new title numbers and new legal descriptions would be made for new parcels of property
new parcels of real property
new titles -> title number -> creating new properties
new parcels of real property
new titles -> title number -> creating new properties
how is urban property in manitoba divided and legally described
lot - smallest unit
block - next largest unit
plan of subdivision
parish - the catholic parish which historically defined the area
river lot - the elongated lots which run parallel to each other from the river
( Lot 1, Block 2, Plan 123, WLTO in RL 3, Parish of St. James)
what is a title search
it is a type of legal search, it allows searches, orders, views, prints, and downloads of titles
- when performing a document search, the title we are requesting is called a status of title
what are instruments
any formal legal document
what are encumbrances
claims against real property registered on title
what can you search by when performing a title search
you can search by the title number
personal name
business name
lot, block, plan
parish
township
condominium unit
- if you do not have information to search a title, you need a civic address
what is a civic address
a civic address can be used to obtain a tax search, which will give you the legal description of the property, net amount of current taxes, amount of any arrears, and amount of any TIPP ( tax installment payment program)
land title forms
any documents registered with the LTO must be accompanied by registration details application form, these forms can be found online in word docs or fillable pdfs
manually performing title searches
you must complete a service request form requesting a status of title
service request form
used to request searches or copies of documents from the LTO
status of title
status of title gives:
- the title number, the date it was created, and the originating instrument
- the names of the registered owners and how they hold title
- the legal description of the property
- all active instruments and encumbrances
- the address for service (civic address)
record of title
you must complete a service request form requesting this to obtain historical instrument/encumbrance registrations
- provides title ownership information
- legal description of property
- list of active and inactive instruments/encumbrances affecting the title, including their registration numbers
