Welcome to the
International Right of Way
Association’s
Course 801
Canadian Land Titles
1
801-PT – Revision 3 – 07.16.07.CAN
Introductions
Who we are…
What we do…
Where we do it…
How long we’ve been doing it…
Our goals for the course...
2
Objectives
At the end of the two days,
you will understand better the...
• Canadian land title system
• Evolution of today’s registration of
land documents and instruments
• Title process, including its
terminology and forms
3
Housekeeping
4
Schedule (1)
Day One
5
8:00 - 8:30
Introductions, Etc.
8:30 - 12:00
Land Interests
1:00 - 2:30
Registry System
2:45 - 4:15
Land Titles System
4:15 - 4:45
Recap Day One
Schedule (2)
Day Two
8:00 - 8:15
Recap Day One
Introduce Day Two
6
8:15 - 10:00
Comparisons….
10:15 - 11:00
Effects...
11:00 - 2:30
Searches
2:45 - 3:15
Teraview
3:15 - 3:45
Course Review
3:45 - 5:00
Exam
Tenures and Estates
Tenure
…the right of a person to hold property on
certain terms and conditions.
Estate
…the degree, quality, nature and extent of a
person’s interest in land or other property.
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Real Property and Personal Property
Real Property
…is all the rights, interests and benefits
inherent in the ownership of real estate.
Personal Property
... all property other than land and buildings.
Personal property is movable. It is also called
chattel or personalty.
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Estates
Fee simple
Fee tail
Life estate
Future estate
• Remainders
• Reversions
9
Estate Ownerships
Owner in
Severalty
Concurrent
Ownership
Joint Tenancy
Tenancy in Common
10
Ownership Rights
Range from the the obvious (e.g., sell,
lease, transfer or otherwise dispose of)
to the subtler (e.g., water and fixture
rights). In addition to the owner’s
rights, others may have rights in the
property (e.g., easements, rights of ways,
profits a prendre, adverse possession).
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Water and Fixture Rights
Water rights: the rights over water
running through or on land.
Fixture rights: the rights to formerly
personal property, which has been so
annexed to the realty that it is
regarded as a part of the real
property.
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Easements, et al…(1)
Easement: a non-possessory interest
one has in the property of another for
a specific purpose.
13
Easements, et al…(2)
Parcel B (dominant estate)
Right of way
(easement)
Parcel A (servient estate)
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Easements, et al…(3)
Right of way: the right to use the
land of another in a particular line.
Profit a prendre: the right ot take
from the soil of another.
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Other Land Interests
Adverse possession: the possession of
land, without legal title, sufficient to
become recognized as the legal
owner.
Escheat: when property reverts to
the Crown.
Expropriation: the taking of land by a
public authority.
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Land Titles System
17
Registry System
Registry System
The registry system provides a method to
register documents affecting property. The
registration gives notice of the property’s title.
The registry system provides a means by
which priority can be determined with earlier
registered documents having priority over
later registered documents (unless the earlier
document’s filing was postponed by
agreement).
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Land Titles System
19
Registry System
Land Titles System
The land titles system provides a
method to register documents affecting
property. The Land Registrar’s staff
examines and registers the documents
and guarantees title.
20
Land Titles System
21
Registry System
Registry System
The registry system provides a method to
register documents affecting property.
The number and type of instruments
registered under this system are many
and varied.
22
The Land Registry Office does not
guarantee the validity of registered
documents.
Books (1)
Abstract Index
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Abstract Index
24
Books (2)
Abstract Index
Copy Book (Register Book)
By-Law Index
General Register Index
Deposit Index
25
Instruments (1)
Crown Grant
26
Crown Grant
27
Instruments (2)
Crown Grant
Deed
Quit Claim Deed
Deed Under Power of Sale
Mortgage
28
Instruments (3)
Assignment of Mortgage
Discharge of Mortgage
Liens
Lis Pendens
Deposit
29
Land Titles System
The land titles system provides a method to
register documents affecting property, which
combines security, simplicity, accuracy,
economy, expeditiousness and suitability.
The Land Registrar’s staff examines and
registers the documents and guarantees title.
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Books (1)
Parcel Register
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Parcel Register
32
Books(2)
Parcel Register
Fee and Receiving Book
Suspense Book
Other Books
33
Instruments (1)
Transfer
Lease
Easement/Right of Way
Restriction
Mortgage/Charge
34
Instruments (2)
Discharge of Mortgage/Cessation
of Charge
Assignment of Mortgage/Transfer
of Charge
Liens
Caution/Caveat
35
Instruments (3)
Withdrawal of Caution
Notice
Limitations
36
Day One Recap
37
Day Two
38
System Comparisons (1)
39
System Comparisons (2)
40
Effects...
Effect of Death of the Registered Owner
Effect of Marriage of the Registered Owner
Effect of Corporate Ownership
41
Abbreviations
S.F.C.A
Short Form of Conveyances Act
(1) to (2) in f.s.
Grantor to grantee in fee simple
4 u.c.
Four usual covenants
R. 3 b.d.
Release. Party of the third part
barred dower
S & S (1) and (3) Signed and sealed by grantor and
party of the third part
Aff. Ex. age
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Affidavit of execution and age
Objectives
Right now, you should understand
better the...
• Canadian land title system
• Evolution of today’s registration of
land documents and instruments
• Title process, including its
terminology and forms
43
Thank you!
44
801-PT – Revision 3 – 07.16.07.CAN