Module 4 Flashcards
Surveyors Real Property Report
Contains
1. plan of survey
2. written report
It’s a full survey, just doesn’t need to include all monumentation (just front angles must be monumented).
To be complete, must have the municipal address and info regarding land titles or registry office designations, dimensions and bearings, designation of adjacent properties, location/description of notable improvements, easements, and encroachments, location of survey monuments, who is the plan prepared for, Certification by ON land surveyor, written report.
Reference Plan
AKA R-plan
Describes more than one interest in land.
Required for:
1. severance of existing parcel of land
2. first application under Land Titles Act
3. if title is too complex/vague
Plan of Survey
Visual depiction of a property. Useful to determine boundaries for building permits.
No written report and doesn’t contain certificates, not registered at Land Title Registry.
Plan of subdivision
Prepared by Ontario land surveyor (like a Surveyors Real Property Report).
Indicated lots and blocks of land and roads.
Created for development of future neighbourhood.
Assigned number at time of registration with land registry office
Land/legal description
Use source document such as deed or survey. If not available, can use registry/municipal assessment records, municipal tax bills.
Includes 3 parts:
1. location reference
2. Encumbrance
3. Municipality/registry office
Chain and link method
Old way of measuring land.
AKA Gunter’s chain
Chains = 66ft long
1 chain = 100 links
80 chains = 1 mile
Concession
100 chains (1.25 miles)
When ON was originally surveyed, plots of land were known as concessions
How is land divided (order from biggest to smallest)
Province was first divided into counties.
Counties are divided into townships.
Townships are divided into concessions.
Concessions are divided into lots.
Single front township
Oldest system
lots were 20 chains by 100 chains and contained 200 acres.
Double front township
30 chains by 66.67 chains
100 acres
Sectional system township
land divisions involved 1000 acre per section
lots were 20 chains by 50 chains and contained 100 acres
metes and bounds
Created to help alleviate confusion between written land description and what was actually on the ground.
Starts at a commencement point and progresses around the property, ending up at the same spot as you started
Metes = distance
Bounds = direction
Registry Act
Traditionally in southern Ontario
Registrar is admin only, doesn’t guarantee titles
Older system
Records property interests on a geographic basis (tract indexing system)
Recording books = “abstract books”
Chain of title should go back to original Crown patent (root of chain)
Land Titles Act
Predominantly in Northern Ontario
Land Registrar maintains and guarantees titles
Subdivisions and condos must be registered under Land Titles.
Land registered under Land Registry may be brought under Land Titles through “first application”
Each parcel of land is registered as a unit of property
POLARIS
Province of Ontario Land Registration and Information System
Mapping and property detail database
Operated based on title index (description of property ownership) and property mapping (surveys and plans database).
Users can find property based on PIN, individual name, street address
Teranet
Responsible for the automation of records in Ontario.
Use to access title, verify property identification number (PIN), confirm legal description.
Land Titles Conversion Project
Converting all properties registered under the Registry to Land Titles.
Automating and turning them into electronic records.
Land Title principle - mirror
The land registry reflects all facts concerning the land and title attached to it.
Land Titles principle - curtain
Current certificate of title contains all relevant information and buyers don’t need to worry about past dealings with the property.
Land Titles principle - insurance
If a flaw occurs through human error, there is a fund that can be drawn upon to make the situation right financially.
Land Titles Assurance Fund
Anyone who has had a financial loss due to errors are entitled to compensation. Only applies if there’s no other road for recourse/compensation.
Must apply to Director of Titles.
Not to be confused with title insurance
Land Titles Converted Qualified (LTCQ)
Land parcels that are brought into land titles during the administrative (properties converted in bulk).
Conversion from registry records to a land titles parcel.
Based on 10 years of ownership or the last 3 deeds (whichever is greater) - assumption is any errors have been caught by others.
Land Titles Absolute (LTA)
Issues for parcels that are brought forward by way of first application.
Plans of subdivisions and condos must register under LTA
Land Titles Absolute Plus
Owners who want to develop property by registering a plan of subdivision or condo that’s registered under LTCQ must upgrade to LTA Plus.
Means the property is free of encumbrances and titles cannot be disputed.
PIN
Property identification number
Properties are assigned PINs when they’re converted to Land Titles and automated under POLARIS
Combo of block and property numbers
Teraview
Teraview: electronic gateway. Operated by Teranet. Most likely used by legal professionals and municipal officials (not used by salespeople). Search parcel records within POLARIS by entering one of the following:
- PIN
- municipal address
- name
- registered insurance number
- map
- condo plan
- plan of subdivision
Teraview accesses 3 databases within POLARIS
1. title index database (replaces abstract indexes, updated as new properties are registered)
2. property index database (visual maps)
3. image database (all plans)
Teraview
Teraview: electronic gateway. Operated by Teranet. Most likely used by legal professionals and municipal officials. Allows a salesperson or client to search parcel records within POLARIS by entering one of the following:
- PIN
- municipal address
- name
- registered insurance number
- map
- condo plan
- plan of subdivision
Teraview accesses 3 databases within POLARIS
1. title index database (replaces abstract indexes, updated as new properties are registered)
2. property index database (visual maps)
3. image database (all plans)
GeoWarehouse
more likely used by salespeople.
pulls data from POLARIS.
info on sales, demographics, neighbourhoods, images of property, mortgages, encumbrances.
OnLand
Partnership between Teranet and ServiceOntario
Search historical and current property records instead of visiting registration office.
Land Registration forms (5)
Form 1: Transfer/Deed of land (used to register land under either system - full name of seller/buyer and birthdates. Registered with Land Transfer Tax Affidavit (required by land registry offices)).
2: Charge/Mortgage of land (mortgage financing the purchase, both registry and titles systems)
3: Discharge of Charge/Mortgage of Land (executed by mortgagee, given to mortgagor to register accordingly).
4: Document General (blank form that meets standards)
5: Schedule (accompanies other above docs if more space is required)
E-registration
Refers to title document being created, submitted, and maintained online. (5 forms used for land registration)
Not all docs can be e-registration (e.g. cannot register condo, Crown grants).
Steps:
1. draft doc is created by lawyer
2. send message to other buyer’s lawyer, grant access to doc
3. buyer’s lawyer adds buyers info
4. when doc is complete by both lawyers, need to sign to verify completeness and then sign to release (ready for registration)
5. document complete - ready to be e-registered
Surveyors Act
Provides the standards of practice for the Association of Ontario Land Surveyors.
