Chapter 3: Land Registry and Title Registration

Land Registration Systems - exist under Registry Act and the Land Titles Act. Administered by the Real Property Registration Branch, Ministry of Government Services. The process involves POLARIS (the mapping and property database of the ON gov.) and Teranet (respons. for implementation, operation and enhancement of POLARIS).

The Recording Acts - Registry Act and Land Titles Act provide rules affecting interests with respect to any particular land and the priority of those interests. In ON land can't be registered under both acts. 

The Registry Act - records property interests on a geographic basis. All land within counties is registered at registry offices.

Land Titles Act - operates on the premise that the Land Titles Register is the sole information source for purchasers. Land titles is based on 3 principles: mirror principle, curtain principle, and insurance principle. 

Land Titles - all Crown Patents, land subdivided by a registered plan of subdivision and condos must be registered under this Act. Land registered under Registry Act may be brought under land titles. While registry operates under geolocation system - land titles assign parcel numbers. 

• The Mirror Principle - the register of a title is a mirror that reflects the current facts that are material to a person's title. 
• The Curtain Principle - the register is the source of info for buyers, who need not concern with trusts and equities that lie behind this curtain of info.
• The Insurance Principle - the mirror (register) is deemed to give a correct reflection of title, but if a human error appears, anyone who suffers must be put in the same position.

The Land Titles Assurance Fund - designed to provide financial compensation for persons wrongfully deprived of land. Tha claimant must apply to the Director of Titles. 

 

Land Registry Offices (LRO's) - e-registration and paper-based systems co-exist in ON.

Title Searching - refers to locating, organizing and considering facts about docs and other materials related to registered on title (normally involves a lawyer or a title searcher on behalf of the lawyer).

Personal Property Security Registration (PPSR) - records and stores info about purchases of goods and other personal property used to secure loans regarding such purchases. Personal property filled with PPSR is referred to as a chattel.

 

Land Titles Conversion Project - involves the conversion of registry docs to land titles with a change to the POLARIS system.

Land Titles Conversion Qualified - a pre-established search procedure verifies existing recommendation of the Ministry of Government Services. The title to the property is insured with claims being settled under the Land Titles Assurance Fund. 

 

Automated Records and E-Registration

POLARIS - this automated land registration system operates based on a title index (description of property ownership) and property mapping (surveys and plans) databases. POLARIS permits the user to find the property by individual parcel, name or street address within the title index. 

Property Identification Number (PIN) - a PIN # is assigned when properties are converted to land titles and automated under the POLARIS system.

Teranet - a land info services company offering land-related data access, technology and expertise to private and public clients. Automation of land registry offices. 

Teraview - software operated by Teranet provides clients with online remote access to land info products and services, including POLARIS. It is designed to permit users to perform activities through online connections to land registry offices. Teraview accesses 3 databases within POLARIS: 

1. Title Index db - indexes and parcel registers
2. Property Index db - visual maps
3. Image db - plans and imgs

A successful search will produce the full description, the owner of the property and a list of all registered instruments.

 

Registration Documents

Transfer/Deed of Land - this form is used to convey title or an interest in real property and includes the full names of both sellers and buyers along with birth dates.

Land Transfer Tax Affidavit - standard form relating to land transfer tax for the conveyance of real estate interest. 

Charge/Mortgage of Land - standard form used to register a mortgage. Provides important info to registrants concerning mortgage financing on property. 

Charge - the name given to a mortgage document when title is registered under the Land Titles Act. 

Standard Charge Terms - a document containing mortgage terms and conditions. 

Discharge of Charge/Mortgage - executed by a mortgagee that a mortgage loan has been repaid in full, at or after the maturity date. 

Document General - a blank form meeting prescribed standards that is used to register any docs that are not transfer, charge or discharge. 

 

Registration Miscellaneous

Leasehold Interests - may be registered under both systems. The lessee (tenant) holding a lease exceeding 3 years must register a notice of lease to protect interest. The lessor can register an assignment of rents. 

Crown Patent - an original title deeded by the government.

Native Lands - refer to reserved lands held by the Crown for the use and benefit of native ppl. Indian Act.