LAND TITLES ACT APPLICATIONS | Scarfone Hawkins LLP

Posted by | December 02, 2013 | Uncategorized | No Comments

EMERGING ISSUES IN REAL ESTATE

INTRODUCTION

This paper addresses the means by which a property owner may make application to convert the title of the property from either Registry to Land Titles Absolute (LTA) or from Land Titles Conversion Qualified (LTCQ) to Land Titles Absolute Plus (LTA+), thereby providing the land owner with arguably the highest form of title available in the province. The main reasons why an owner would want to make such application would be in order to:

1. Register a plan of subdivision or condominium against the lands (as is required pursuant to the Land Titles Act, Section 144(1));

2. Consolidate a Registry or LTCQ parcel with aLTA parcel;

3. Address and finalize mature claims for adverse possession and resolve title disputes; and/or

4. Satisfy the needs of a third party lender or purchaser making a requisition for the completion of such an application.

There are helpful but somewhat outdated client guides and checklists available from the Government of Ontario website (wwww.ontario.ca – search “Ontario Land Registration Client Guides”) to assist with Land Titles Applications. As the First Registration forms have recently been amended, it is expected that the client guides will be replaced in the near future. In the meantime, although the guides are useful, updated forms should be sought out from the Province of Ontario web site and confirmed in the Regulations.

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