Dated at [location] this [number] day of [month], 20[year]. The resulting absolute title is referred to as Land Titles Absolute Plus ( LT+ ). A letter from the solicitor, when all objections have not been resolved, outlining the action taken to resolve any outstanding objections and an indication that the matter will need to be referred to the Director of Titles (through the Regional Surveyor) for a hearing. government ministries, agencies and municipalities, are served where easements, water boundaries, public highways and utility corridors are involved. The Registry System, because records are being converted to land titles (officially referred to as the Land Titles Conversion Project). If Notices sent by registered mail are returned, the Director of Titles or the Land Registrar may direct service of the Notice by such other method or to such other addresses as in his/her oPINion would be most likely to affect service. If the lands under application are too large to be illustrated on one reference plan or if there are non-contiguous parcels that cannot be conveniently illustrated on one plan, can more than one reference plan be used? There is no outstanding objection or appeal. Land Titles Conversion Qualified Title to Absolute Title registered owner of land with a qualified title may at any time apply to the land registrar to be registered as owner of the land with an absolute title. All levels of government (municipal, provincial or federal), boards, commissions or agencies (e.g., Hydro, regional conservation authority, Welland Canal Authority, St. Lawrence Seaway, Trent Canal Waterway System, etc.) While the Land Registry system governed most of the province, deeds and registrations have been converted to the Land Title System over the past 20 years. There is some evidence on the title i.e. Yes, but only if the courier is prepared to sign an Affidavit of Service. all fences in the vicinity of the boundaries of the subject land, identified as to type and showing the age, if known; all found monumentation, conflicting or otherwise; and. Service is required when properties touch at a point. The Consent and Waiver of Notice becomes invalid if the draft Reference Plan attached to it is amended by changing any of the boundaries between the land in which the consenting party has an interest and the land under application, or if the draft Reference Plan is amended to add any right of way or other easement affecting land in which the consenting party has an interest. When automating registry system records, a title search is necessary to parcelize, reorganize and load the data according to registered ownership. Registration and service of the Notice of Application should occur on the same or the successive days to ensure Notice is given to the proper and current registered parties. Title Absolute on the HM Land Registry title deeds means that there is no way that ownership of your property can be legally contested or claimed against. To clarify the process of title claims and registrations, weve provided this brief explanation of the Ontario Land Titles Act and the Registry Act. Any lease to which subsection 70(2) of the Registry Act applies. It is also called marketable title, or title that can be easily transferred or sold because of its lack of encumbrances. And, the improved land titles system makes it easier to understand claims on that land. The list will include the names and mailing addresses for all parties served with reference to the appropriate PIN or if the properties are not yet automated and are in Registry, the registration number of the deed or other instrument by which the title interest was acquired; if in Land Titles, the Parcel and Section number. The Notice of Application will be sent by registered mail to the address for service provided in the registered document under which the interest in the adjoining property was acquired or created. The registered owners of land converted to Land Titles with a qualified title who, before the conversion had acquired a right to claim ownership or use of, all or part of, adjoining land by length of possession or use, may claim and perfect that right and use, by applying to upgrade their title from a qualified to absolute. And further take notice that, if you do not attend at this hearing, or are not represented by counsel, the Director of Titles may continue in your absence and you will not be entitled to any further notice of the proceedings. Yes. In the Ontario Land Titles System, the Ontario government guarantees that title (ownership and encumbrances) to each parcel of real property registered in the system is as shown on the parcel register for that parcel, subject to certain qualifications set out in the legislation. They may on their face show insufficient time has passed to give the encroachment the status it needs to defeat your title. No, each owner must bring a separate application. Optional qualifiers: These will remain if set out in the. gaps, overlaps or instruments numbers) should be discussed with the surveyor and resolved by either the title record or the plan being corrected. Evidence to remove the qualifying conditions must form part of the document and prove satisfactory to the land registrar. Can a surviving spouse change a mutual will? If the adjoining lands have not been automated, the copy of the Property Index Map must be marked to illustrate the registration numbers of the title documents for registry, or Parcel and Section numbers for land titles, for the adjoining lands that have not yet be automated. The issued land titles parcel register then shows the applicant as owner with an absolute title. 0 Upgrading Title, and these three additional requirements; The Application and Notice of Application forms (Appendixes G and A) must reflect the possessory claim. Unencumbered or unrestricted legal ownership that is free from doubt as to its validity. Unless a Consent and Waiver of Notice is obtained, a Notice of Application along with a signed print of the draft Reference Plan, must be served, by registered mail or personal service, upon the following parties: Every registered owner of a right or easement in the subject land. There are three types of parcels (or three qualifiers) in the Ontario Land Titles System: In the Ontario Land Titles System, the Ontario government guarantees that title (ownership and encumbrances) to each parcel of real property registered in the system is as shown on the parcel register for that parcel, subject to certain qualifications set out in the legislation. Land Titles Conversion Qualified. The Notice of Application, if served by registered mail, must provide a period of at least thirty days for filing a statement of an objection and this thirty-day period must appear in the registered Notice of Application. Copyright Thomson Reuters Canada Limited or its licensors. If a road adjoins, you must serve the proper road authority having jurisdiction for it. Every ministry, board, commission or agency of the Government of Ontario or Canada, including Ontario Hydros successors and every municipality, including a metropolitan, regional and district municipality, or the County of Oxford, where applicable, if they have an unregistered interest in the adjoining land, as indicated on the draft Reference Plan. The extent of title is governed by the evidence (deeds, plans and physical evidence) of the true location of the boundaries on the ground and by the rules of law as they relate to that evidence. In the Ontario Land Titles System, the Ontario government guarantees that title (ownership and encumbrances) to each parcel of real property registered in the system is as shown on the parcel register for that parcel, subject to certain qualifications set out in the legislation. The procedure is therefore divided into two sections. Owners of properties with absolute title retain all legal rights to the underlying land. Your interest is shown in the enclosed Notice. Essentially, the difference between the three types of parcels is the qualifications to the government's guarantee of title for that type of parcel. must be notified if they appear by the draft Reference Plan to have an interest, even if their interest is not registered on title. POLARIS is essentially electronic property registration, and with this introduction, Ontario was the first jurisdiction in the world to allow the electronic registration of land-related documents. We suggest you examine the draft reference plan carefully to decide whether you are satisfied that the boundaries of the land under application, as shown on the plan, properly reflect the ownership and other interests being claimed by the applicant in relation to your land. there is physical evidence on the ground of a power transmission line such as, a buried power cable, overhead wires, etc., in, on or next to the applicants land and the works are not privately owned or are the works of a municipal public utility or commission. There are many ways to contact the Government of Ontario. Land Titles Conversion Qualified. If the adjoining land is a condominium property and a part of the common elements touch the limits of the subject land, serve the Condominium Corporation and every independent owner, other than condominium owners who have a registered right of way or other easement, over those adjoining parts of the common elements. The phrase implies that ownership is not subject to claims by anyone but the person holding title. Do I have to serve the Mortgagees/Chargees of adjoining lands or the applicant lands? 1990, made under the Land Registration Reform Act). If the service was to a party being dispossessed of any registered right or title, an alternative form of notice, such as by publication, will have to be given. If a property qualifies, one needs to see the acronym LTCQ or Land Titles Conversion Qualified. Land registration is intended to provide a uniform system under which documents (or instruments) can be registered that establish or transfer interests in a particular portion of land. In the Ontario Land Titles System, the Ontario government guarantees that title (ownership and encumbrances) to each parcel of real property registered in the system is as shown on the parcel register for that parcel, subject to certain qualifications set out in the legislation. Declaration(s) of Possession of the predecessor(s) to the claimant(s). Staff will then review the Application and make any necessary requisitions. The resulting absolute title is referred to as Land Titles Absolute Plus (LT+). 10 Questions to Ask Immigration Lawyers in Ontario. Use of Practical Law websites and services is subject to the terms of use and. Despite the expiry of the period for filing a Statement of Objection set out in the Notice, objections filed, or Consents and Waiver of Notice revoked anytime prior to the registration of the Application, must be dealt with as properly filed objections. converted from Registry to Land Titles Conversion Qualified ("LTCQ") , and the deceased still owned the property at the time of death.5. The Director or Land Registrar may direct that service be affected by personal service or by publication of the Notice in a local newspaper. What percentage of the land in the registry system was converted into the land titles system using the Land Titles Absolute (LTA) system? PDF fileLand Titles Conversion Qualified (LTCQ) to . This copy must include the land in the application and all adjoining lands showing their respective PINs, if the lands have been automated. Land Titles Absolute properties typically do not have qualifications stated on the parcel register. The Property Doctor It was Almeida's first WPJJC absolute title and he said: "This is the third time we faced each other, he beat me the first time, I beat him the second and now I am feeling great . Separate parts must be created for all appurtenant and servient interests and the plan must also illustrate all of the applicable items mentioned in the Certificate of Surveyor (Appendix I). If the plan shows transmission lines you must determine whether they are Ontario Hydro successors or that of a local hydroelectric commission or municipal power distributor and serve the appropriate authority. Absolute title Absolute title is the best class of title and this is the class of title granted in most cases. Box 7000, Peterborough, ON., K9M 8M5, Eastern Region Jack Keat Regional Surveyor, Northern Region Anne Cole Regional Surveyor, 199 Larch Street, Suite 302, Sudbury, ON., P3E 5P9, Southwest Region Peter Moreton Regional Surveyor, Court House,80 Dundas St., Unit J London, ON., N6A 6A7. The additional procedural requirements for a person in possession of land to make and perfect a claim to ownership based on a pre-existing length of possession and how to upgrade title from qualified to absolute. If land or an interest in land is claimed by virtue of a pre-existing length of possession or use, see Making and Perfecting a Possessory Claim, before proceeding to register and serve the Notice of Application. Land Titles Conversion Qualified (LTCQ) to Land Titles Plus (LTplus) - Client guide, 300 Water Street, South Tower, P.O. The following evidence is attached in support of this Application: The thirty days for filing a statement of objection have expired and an objection was filed by or for [name] and it (they) has (have) been resolved and withdrawn in writing. Universal note: Adjoining properties should be investigated to detect descriptive inconsistencies, if any, with description represented for this property. The Parcel Register establishes the PIN, the registered owner(s), the thumbnail legal description of the property, all easements to which the property benefits or is subject as well as all encumbrances, cautions, or notices that affect the title. Copies of all plans underlying and adjoining the subject lands. I/We acknowledge that costs may be awarded for or against me/us in any order of the Director of Titles. Does the Notice have to be registered before I serve notice on interested parties or obtain consents? In the province of Ontario, there have long been two systems of property registration: the Registry System and The Land Titles System. It was therefore decided that, when automating, conversion to one system could be accelerated through administratively converting existing registry lands into land titles parcels, with special qualifications attached. administrative conversion of properties from the Registry Act to Land Titles Conversion Qualified ("LTCQ"), the Ministry has provided another exemption from the requirement for . I am the solicitor for the applicant(s) [name] in respect of this application for absolute title and I have investigated the title of the applicant(s) and it is my o. In deciding, they should consider the provisions of the Limitations Act, which may bar their claim to ownership or it might be subject to the right of other parties to use it. Anything earlier than the current owner is protected under the Land Titles System. (if any objection goes to a hearing, add the following 2 paragraphs). The Surveyor should prepare the plan showing the subject lands as being all of the. If the Land Registrar has concerns about the Application or plan, he or she should consult with or refer the matter to the appropriate Regional Surveyor. Some belong to municipalities or public utility commissions, while others may belong to the party who owns and is being served by the lines. Not all rights related to transmission lines or buried cables belong to Ontario Hydro or its successors. A further period of 10 full working days would then be allowed for response by the party so served. an explanation of the purpose of the application and instructions for obtaining further information or for filing an objection (Appendix D), a Statement of Objection form (Appendix E). Land Titles Absolute Plus. The solicitor should provide a summary of proceedings with the Application. On the parcel register for a real property that is a Land Titles Absolute Plus parcel, the Estate/Qualifier shown on the parcel register will read "Fee Simple LT Absolute Plus". If youre not a lawyer, then you dont need to understand the ins and outs of the new systems. However if an objection is filed against one parcel, the others may not precede until the objection is resolved. If you wish to have the appurtenant rights appear on your new automated parcel/PIN they must be included in the application, their limits must be defined and any interested parties in those lands must be served with the application. LAND TITLES CONVERSION QUALIFIED (LTCQ) TOLAND TITLES ABSOLUTE PLUS (LT+) CHECKLIST This Checklist is to be used in conjunction with the Client Guide - Application for LandTitles Conversion Qualified to Land Titles Absolute Plus - dated August 2001. From there, a computerized Parcel Register was created for each PIN. Since the Surveyor is certifying that the plan is current (in compliance with subsection 1(2) of O.Reg 43/96) as of the date of the registration of the Notice of Application, the certificate must be dated subsequent to the Notice. On the [number] day of [month], 20[year], the notice of application with a print of the draft reference plan was registered as Instrument No [number] and was served by registered mail or by personal service on all persons or corporations entitled thereto,(except those who have provided a consent and waiver of notice [if applicable],) at the address for service provided pursuant to the Land Titles Act or the Registry Act or at an address best suited to affect service. Ontario Hydro or its successor is the registered owner of the adjoining land: Ontario Hydro, its predecessor The Hydro-Electric Power Commission of Ontario, or its successor is named as the beneficial owner in a registered right-of-way or other easement that affects or adjoins the land in the application; or. Titles Conversion Qualified at a later date. If the reason for the return is moved, address unknown or no such address, a subsearch must be undertaken to ensure that the proper address was used and that the parties still have the registered interest, have not registered a change of address or that a more up to date address does not now appear on title. The solicitor and surveyor are to resolve all errors or omissions, shown on the register, prior to Notices being served. If it is determined that Ontario Hydro, its predecessor or successor has an interest in the subject or adjoining lands notice is to be sent to: Serving a Notice on Ontario Hydro or its successors is not necessary unless it has a registered interest or its power lines appear of the plan. After a decision, there is a 30 day period for filing an appeal of the Order with the Ontario Court (General Division). has jurisdiction over the land and serve it. With the wide adoption of the Land Title Act, title transfers become easier and more systematized. If the objector is satisfied with the subsequent amendment, a written withdrawal of the objection and consent to the amended plan should be obtained. title to property, legal document, land registration. Notice is hereby given that the application of [name] to be registered as the owner(s) with an absolute title to the land in the [municipality] of [city], namely, [description of lands in the application] has been; That proceedings under the Act have, therefore, been discontinued. The Notice of Application, with a print of the draft reference plan attached, must have been registered in the Land Registry Office prior to notices being served. Any interested party to the altered boundary will have to sign a Consent & Waiver, with the amended plan attached or they will have to be re-served with an Amended Notice. A Covenant to Indemnify the Land Titles Assurance Fund (Form 54, in Regulation 690, R.R.O. And as these two registration systems start to merge, they will have effects on property owners. If a Notice of Change of Address for a party being served has been registered on title, the Notice will be sent the partys new address and not the one in the original document. It should also refer to physical features defining the limits of possession, such as fencing, buildings or other structures, trees or hedges, pavements etc. The [ ] as of [ ]date shown on the copy of the parcel register (PIN) should be the date on which notices of the application were served or later. No. In such cases, only one notice is necessary. In this regard, be conscious of the location of any apparent encroachments, existing structures or fences, if any, shown on the plan or any, which may exist, but are not shown on the plan. Can a Landlord Evict a Tenant in the Winter in Ontario? The title may be subject to: encumbrances and other entries noted on the . The lands were mis-described in the parcel register. These dont count as property title searches but can determine the most accurate, complete, and current registered data related to a particular property. Needless to say, this search was both tedious and time-consuming. The approximate location of your property is outlined in red on the plan and identified by the Property Identifier Number (PIN) assigned to it, the Lot and Plan or Concession numbers or the Transfer/Deed number, by which you acquired your interest. A court order should not declare any PINs to have any particular qualifier (e.g. The Certificate of Surveyor certifies that the survey is complete, current and accurate and that the land and interests in the land claimed by the owner/applicant are properly depicted on the draft plan. All Land Titles Conversion Qualified parcels will be applied to the original persons entitled to the land through ownership or lease will be applied within the land titles registry system.