Unit 7-3: Land titles and registration

Question 1

Land registration systems

Answer 1

Private conveyancing
Deeds registration
Torrens system

Question 2

Private conveyancing

Answer 2

ownership proved by documents
must provide them to buyer

Question 3

Deeds registration

Answer 3

USA thing, not issued in Canada anymore; held in registry office

Question 4

Torrens system

Answer 4

1850’s, Sir Robert Torrens design it

standardized system to record written land docs

Adopted in AB in 1887; also BC, SK, MB, ON, NS, NB

Question 5

Key features of torrens

Answer 5

Compulsory registration
Indefeasibility of title
Compensation for loss

Question 6

Principles of Torrens system

Answer 6

Mirror: accurately reflects title of property

Curtain: contains all information about title (curtain goes down on prior interests)

Insurance: compensation for loss of rights (through land titles assurance fund)

Question 7

Implied conditions

Answer 7

Wrong descriptions of boundaries & prior subsisting certificates
Overriding interests (mortgage, restrictive covenant)

Question 8

SPIN 2

Answer 8

spatial information system
Alberta registries

Question 9

Discharge of registration

Answer 9

removes encumbrance from title

Question 10

Transfer of title

Answer 10

Need person who is registered owner on fee simple
Affidavit of execution
Register doc

Consideration is amount buyer paid