Land Title Act

Ownership Protected – Mortgage Fraud and the Land Title Act #432

By Edward L. Wilson Lawson Lundell LLP There are very few instances of mortgage fraud involving the registration of fraudulent mortgages in the Land Title Office. A recent Court of Appeal decision addressed the situation where a fraudster forged an owner’s signature to a transfer of the owner’s lot, transferring title to the fraudster’s accomplice

Legislature Trumps the Courts #408

Legally Speaking

By Edward L. Wilson Lawson Lundell LLP A property owner with surplus lands may be tempted to lease a portion of a parcel of land to gain additional revenue. Farmers lease portions of their lands, as do owners of industrial and commercial properties, often with the assistance of a REALTOR®. However, in many cases, such

Title Insurance – Part 3 of 3 #323

Legally Speaking

By Gerry Neely B.A. LL.B Some banks and credit unions are now requiring title insurance for the refinancing of consumer mortgages. This, according to a bank spokesperson, provides for a more efficient system at less cost. From the lender’s prospective, the benefits of title insurance coverage include: removing concerns over negligence; making the insurance no-fault;

Subdivision Plan Not Registered By Completion Date #301

Legally Speaking

By Gerry NeelyB.A., LL.B. A decision made January 29, 1999 now gives us three decisions since 1983, each of which involved the sale of a lot to be created upon the registration of a plan of subdivision of a larger parcel. The issue in each case was whether a seller could force the completion of sale

Sellers Take Back Part II of Mortgage #262

Legally Speaking

By Gerry NeelyB.A., LL.B. As anyone who has recently signed a mortgage will know, computerization of the Land Title Office has resulted in a mortgage consisting of two parts. Part I contains the particulars of the parties, legal description, principal amount of the mortgage, the interest rate and how and when the principal and interest

A breach of Section 73 of the Land Title Act #255

Legally Speaking

By Gerry NeelyB.A., LL.B. A recent Court of Appeal decision concerning the validity of a lease, while affecting only a few landlord/tenant relationships, may have serious consequences for those few. The property in the lease in question was part of an unsubdivided larger parcel of the landlord’s land. A building was erected on the part.

Restrictive Covenants #197

Legally Speaking

By Gerry NeelyB.A., LL.B The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners. The typical building scheme contains a number of restrictive covenants whose purpose is to set standards sufficient to create an orderly development

Condominium Parking by Owner/Developer #185

Legally Speaking

By Gerry NeelyB.A., LL.B. Another failed attempt by an owner/developer of a strata development to grant exclusive use to a purchaser of a strata unit of a parking stall within the common property. The contract of purchase stated that the purchase price of a unit included two parking stalls to be held on 99 year

Soil Contaminated Sites [Continued] #139

Legally Speaking

By Gerry NeelyB.A. LL.B. A whole new growth industry is developing of scientists, engineers, law professors, lawyers, columnists, experts and others, around the pollution of the environment and the liability for doing so. An increased awareness by the public of environmental hazards which pose a risk to health, brings an increased risk to licensees who

Lease for More Than Three Years – Illegal? #32

Legally Speaking

By Gerry NeelyB.A. LL.B. The Land Title Act requires a tenant with a long-term lease who wishes to register it, to follow the same procedure as does an owner who wants to divide his land into a number of parcels. Specifically, Section 73 provides that unless there is compliance with the subdivision requirements of the Act, “no

Land Title Office Records and the Highways Act #27

Legally Speaking

By Gerry NeelyB.A. LL.B. A purchaser entered into an agreement for the purchase of land adjoining the highway which, according to his search of title in the Land Title Office, was of a certain area. Subsequent to the completion of the purchase, a survey revealed that the actual area was twenty five per cent less