Module 4 Flashcards

1
Q

Which of the following statements is correct regarding a
Surveyors’ Real Property Report (SRPR)?
a. Markers must be located at all four corners when a rectangular property is being surveyed.
b. The location of easements affecting the property would be identified, but not rights-of-way.
c. The final report would normally include 3 parts:
(1) Plan of survey
(2) The Written Report
(3) Surveyor’s Certification
d. Part 1 of the SRPR would include dimensions and bearings of property lines.

A

D

To be complete and accurate, the Surveyor’s Real Property Report must have the following:
*The municipal address and information regarding the land titles or registry office designations
*The dimensions and bearings of all property boundaries as determined by a field survey, according to thestandards for surveys of the Ontario Association of Land Surveyors
*The designation of adjacent properties, roads, lands, etc.
*The location and description of all notable improvements on the property, along with the setbacks, orminimum distance requirements, to the property boundaries. The projection of overhangs and eaves are alsonoted, as well as fences, driveways, walkways, swimming pools, trees, etc.
*The location of any easements or rights-of-way that may affect the property
*The location and dimensions of any visible encroachments onto or off the property (hydro lines, telephone,etc.)
*The location of survey monuments found and placed
*A note indicating for whom the plan is prepared
*Certification by an Ontario land surveyor
*Written report

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2
Q

A discharge of Charge/Mortgage is:
a. not registered on tittle, unless dispute arises.
b. completed and registered by the mortgagor.
c. executed by the mortgagee
d. limited to usage within the land tittles system.

A

C.executed by the mortgage.

The “Discharge of Charge/Mortgage” (Form 3) is a standard form used when discharging a mortgage under either registry or land titles systems. The Discharge of Charge/Mortgage is executed by the mortgagee and given to the mortgagor verifying that a mortgage loan has been repaid in full before, at, or after the maturity date. This document is registered at the land registration office as a permanent record of the discharge.
Merely paying off the debt is not sufficient for the mortgagor when discharging a mortgage. Since a document was originally registered to give evidence of the mortgage’s existence, the discharge is registered as evidence of the removal of the claim. The mortgagee’s solicitor normally prepares the discharge, and a fee is charged for this service. The mortgagor or the respective solicitor should ensure that the discharge is properly registered.
Occasionally, a mortgagor will pay off a mortgage debt and fail to obtain a discharge. This situation may not be discovered until a future date when the owner attempts to refinance or sell the property.
Discharge of Charge/Mortgage of Land (Form 3)

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3
Q

Which of the following is NOT one of the principles underlying the land tittles system?
a. The Insurance Principle
b. The Curtain Principle
c. The Tittle Principle
d. The Mirror Principle

A

C

The Land Titles Act operates on the premise that the Land Titles Register is the sole information source for purchasers. Land titles is based on these three principles:
*Mirror principle
*Curtain principle
*Insurance principle

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4
Q

A buyer wants to confirm that the property being purchased is the same as described in the agreement of purchase & sale as such, he or she should:
a. ask a surveyor to provide a metes & bounds description.
b. obtain a reference plan.
c. obtain a surveyor’s Real Property Report.
d. rely on the existing survey

A

C

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5
Q

In order to obtain property information in land registration, Teraview software accesses three database within POLARIS, which of the following is NOT one of them?
a. Properly Index Database
b. Property Abstract Database
c. Images Database
d. Tittle Index Database

A

B

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6
Q

Which of the following is NOT correct about systems and organizations involved in land registration?
a. Teraview is a software platform that is available for use by the general public to search properties.
b. OnLand is available for use by the general public.
c. “E-registration” refers to title documents being created, submitted, and maintained in electronic form.
d. Geo Warehouse is commonly used by real estate registrants to access property details from the POLARIS database.

A

A - it’s not available to the general public

Teraview facilitates searches by accessing three different databases within POLARIS:
*Title Index Database
*Property Index Database
*Image Database automated

B. is correct
Teranet, in partnership with ServiceOntario, has built a web portal called OnLand to deliver key statutory services relating to land and property ownership in Ontario to land registry professionals and to the public.

C. is correct
Geo Warehouse is commonly used by real estate registrants to access property details from the POLARIS database
“E-registration” refers to title documents being created, submitted, and maintained in electronic form.

D. is correct

Geo Warehouse is commonly used by real estate registrants to access property details from the POLARIS database

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7
Q

Owner Jamal is considering splitting his property into 2 lots.
What kind of survey is most appropriate?
a. Plan of Subdivision
b. Expropriation Plan
c. Reference Plan
d. Transfer/ Deed of Land

A

C, A reference plan, severance of an existing parcel of land – the reference plan is for descriptive purposes only as a formal consent for land severance is required.

Plan of Subdivision, A plan of subdivision is created for the development of future neighbourhoods, and illustrates individual parcels that will be created once the plan has been approved by the appropriate municipal authorities and registered in the land registry office.

Expropriation plan is the act of a government claiming privately owned property to be used for the benefit of the overall public.

The “Transfer/Deed of Land” (Form 1) is a standard form used to register a deed under either the registry or the land titles system. Standardized forms were introduced to create uniformity in registry records.

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8
Q

A transfer/deed of land:
a. is the first of five standards land registration forms.
b. was designed specifically for use in the land tittles system.
c. sets out the consideration paid for the property and any association mortgage details.
d. requires the birth dates of the sellers and buyers in selected situations only.

A

A

The Land Registration Reform Act sets out five standard documents. Until that point, registry was burdened with countless forms and schedules. Land titles has traditionally been more regimented in terms of acceptable forms for registration. These five forms are:
Form 1: Transfer/Deed of Land
Form 2: Charge/Mortgage of Land
Form 3: Discharge of Charge/Mortgage of Land
Form 4: Document General
Form 5: Schedule

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9
Q

A land transfer Tax affidavit:
a. Always states the value of consideration for the transaction.
b. is registered with Charge/Mortgage of Land.
c. is required by the Land Transfer Tax act.
d. can be used instead of the Transfer/Deed of Land.

A

C

The Transfer/Deed of Land is normally registered along with the Land Transfer Tax Affidavit. A Land Transfer Tax Affidavit must accompany every document being registered in Ontario land registry offices that transfer an interest in land.
The affidavit is required by the Land Transfer Tax Act, and the Land Registrar is required to collect land transfer tax when this document is presented for registration either at the land registry office or by electronic transmission.

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10
Q

Which of the following statements is NOT correct regarding the Registry system?
a. The registry system uses a track indexing method.
b. Almost all Registry records have now been converted to Land Tittles.
c. Property registration records are organized chronologically.
d. Tittles searches must typically include historical records for a maximum 10-year period.

A

D

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11
Q

POLARIS:
a. was essentially developed base on the format use in land tittles for registering property in separate parcels.
b. operates strictly on a tittle index loans.
c. not only automates records, but also guarantees tittles.
d. operates strictly on a property mapping basis.

A

A

The Land Titles Conversion Project involves the conversion of registry documents to land titles coincident with a change to the automated POLARIS system.

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12
Q

Which of the following in NOT one of the four primary components of a survey?
a. Research
b. Monumentation
c. Measurement
d. Procurement

A

D

The Association of Ontario Land Surveyors has determined that a survey contains the four components of:
Research
Measurement
Monumentation
Plan and/or report

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13
Q

When closing a Real Estate transaction, which of the following statement is NOT correct regarding how ownership is transferred?
a. The lawyers involved use a two-step procedure for registration.
(1) Create/update; and (2) Complete.
b. The lawyers involved in a transaction involved use a two-step procedure for e-registration. (1) Create/update ; (2) Complete.
c. The lawyers involved in a transaction would use Teraview software to complete the e-registration.
d. E-registration is available throughout the Province.

A

B.The lawyers involved in a transaction involved use a two-step procedure for e-registration. (1) Create/update ; (2) Complete.

Two types of signatures are required: completeness and release. The completeness signature validates the accuracy of statements made, and the release signature confirms that the document is ready for registration.
With the documents now completed and signed, the e-registration can occur.

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14
Q

A surveyor’s Real Property Report contains 2 parts:
a. Part 1 : Reference Plan; Part 2 : The Written Report.
b. Part 1 : Reference Plan; Part 2: Plan of Survey.
c. Part 1: Plan of Survey; Part 2 : The Written Report.
d. Part 1: Metes & Bounds, Description; Part 2: The Written Report.

A

C

This report, traditionally referred to as a building location survey, consists of two parts:
*Part 1 — Plan of Survey
*Part 2 — The Written Report

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15
Q

The Land Registration Reform Act identified several standard forms for use in registry and land tittles. Which of the following statements is correct?
a. Form 3 is the Charge/Mortgage of Land.
b. The Schedule, as a standard form, is used when needed for additional details and/or attachments to Form 1 through 4.
c. The transfer/deed of Land and Discharge of Easement/Right of way are two of those standard forms.
d. The discharge of Charge/Mortgage is one of the standard forms but the Document General is not.

A

A. incorrect because Form 3 is Discharge of Charge/Mortgage of Land
B. Correct, The “Schedule” (Form 5) is used as an attachment with other paper-based or electronic forms. The schedule can accompany a Transfer/Deed of Land, Charge/Mortgage of Land, Discharge of Charge/Mortgage of Land, or Document General and is used for additional information where there may be insufficient space on the principal document.
c. Transfer/Deed of Land and sends a message to the buyer’s lawyer allowing access to the document. The
buyer’s lawyer then adds the buyer’s information to the document and performs other steps in the document
preparation process. The document, when completed by both lawyers, is ready for electronic signature. Two types
of signatures are required: completeness and release.
D. Document General is 1 of the 5 forms

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