Transcript Slide 1
LIANS’ Risk and Practice Management Program
May 25, 2011
Land Registration Act training for legal assistants:
Searching the parcel register in detail
with Raffi Balmanoukian LL.B.
Begin at the beginning …
• • • • Read the agreement Diarize deadlines (lawyer approval/objections to title) Do you have an old file on this property?
Client identification
Initial review
• • • • • • Are all PIDs reflected in the agreement?
Are all PIDs Land Registered?
Are there any “asterisked” (inherited) interests (Form 45 needed) Is parcel access and manner of tenure specified?
If a condominium, does the parcel register correspond to Land Registration Administration Regulations 9 and 12?
20 year judgment search on your purchasers IMMEDIATELY
Registered interests
Does the enabling instrument reflect that is shown on the parcel register?
• • • • Full names, changes of name, a.k.a.
Manner of tenure Qualifier (trustee / estate / etc.) review s. 28 LRA, s. 50 Probate Act, etc. if necessary If surviving joint tenant, Form 21 or at least instrument with incorporated proof of death • • • • Description of parcel Are there additional parcels in the deed? Are they included in lands affected by your transaction?
Is there an Matrimonial Property Act affidavit from the prior owner and does it reflect residency?
Is the instrument complete and regular on its face
Access
• • • What does the PR show?
If blank, F45 needed (free!) If not public, is it reflected in the approved description and in the enabling instrument?
Does granted access match with what is in use?
See Access to red flag issues under LRA
by Garth C. Gordon QC
LIANS.ca > Real Estate > Resources > Articles > Access
Judgments
• • • Purchaser 20 years always If non-individuals, conduct appropriate off title enquiries (e.g. Registry of Joint Stock Companies) Vendor: (a) If the last revision to the registered interest was before May 15, 2005, you will have to do full 20 years.
(b) If the last revision was after that, LRAR 23(2) deems the parcel register to be a complete incorporation of judgments as at the last revision.
Note: If “similar name” - Stat Dec with Form 26
Judgment rules
How to determine material difference in names by Frank DeMont LIANS.ca > Real Estate > Resources > Articles > Judgments
Benefits and burdens
• • • • • • Benefits Burdens Form 8A Restrictive covenants Embedded interests and miscellany B/B and parcel description
Mapping graphics
• • • • Does the “red line” match with parcel description / register for access?
Does the “red line” suggest third party usage?
Does the mapping graphic correspond with survey fabric and/or description?
Are there adjoining parcels which may affect or be affected by your transaction?
Parcel description
• • • • • Does it “map out?” Does it correspond with the enabling instrument?
Does it match any filed plan?
Does it include benefits/burdens (above) and any interests acquired by adverse possession or prescription (infra)?
Compliance with Part IX of the Municipal Government Act?
Recorded interests
• • • • • • Mortgages - what is being done with them and why?
Power of Attorney - paper-record to remove If you are working under a POA does it allow for what you are doing?
Remember the ID rules on third party beneficiaries!
If using title insurance, get the flag cleared before closing!
Leases, options, Rights of First Refusal - how are these being treated?
Possessory interests
• • • • • This is “lawyer only” territory!!
“Flip sides” for prescriptive easements If part or all of title is acquired by possession, very careful review of enabling instruments required Does the parcel description include any land acquired by possession, or interests subject to prescription?
Form 9 with 26N filed post-May 4, 2009?
De facto consolidations
• Review de facto for compliance with 268A of the Municipal Government Act A
Bankruptcy
• Disclaimer, not just a discharge
Don’t forget overriding interests and off-title enquiries
• • • • • s. 73 of the Land Registration Act Taxes Workers’ Compensation Board (especially new construction) Easements “used and enjoyed” Utility interests
Subsearches
• • • • • • Parcel register (including flips if necessary) Judgments Documents In Process (best left blank) Plans In Process (best left blank) Land Registration Documents In Process (do not rely on “orange alert”) Documents “accepted for registration”?
Miscellaneous topics
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Land Registration Date
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Parcel archive
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Details view Textual Qualifications
Additional Resources LIANS’ Land Registration Act Educational Resources LIANS.ca > Real Estate > LRA Audit LIANS.ca > Real Estate > LRA Training Material Ian MacLean QC
Title searching land registered parcels;
LIANS.ca > Real Estate > Resources > Articles > Title Issues
Checklist when revising the parcel register or recording an interest
LIANS.ca > Real Estate > Resources > Articles > Title Searches Catherine Walker QC
Confirmation and waiver of advice (location certificate and title insurance);
Land registration - checklists for opening and closing, and;
LRA - notice of a possible mismatch
LIANS.ca > RPM > Resources > Solo and Small Firms > Conference 2010 Frank DeMont
How to determine material difference in names
LIANS.ca > Real Estate > Resources > Articles > Judgments Mark Coffin
Textual qualifications in the title registration system
LIANS.ca > Real Estate > Resources > Articles > Land Registration Act Garth Gordon QC
Access to red flag issues under LRA
LIANS.ca > Real Estate > Resources > Articles > Access