Plans must be prepared by a licensed surveyor and comply with regulations.
Requires owner and mortgagee consent (except for public highway dedications).
In certification areas, a certified title under the Certification of Titles Act (pre-2009) or registration within six months of area designation is mandatory.
Reference Plans
Conveyances/mortgages must reference a registered plan (subdivision, municipal, or reference plan).
Land registrars may require a reference plan for complex/vague descriptions.
Sketched alternatives are accepted if compliance is unreasonable.
Certified Titles
A certificate of title under the Certification of Titles Act (pre-2009) is conclusive proof of ownership, subject to exceptions (e.g., mortgages, liens).
Survey Examination and Access
Examiners of surveys may inspect land/buildings for validation.
Property owners must grant access for these inspections.
Fees and Payments
Land registrars are entitled to fees for services (unless explicitly prohibited).
Fee disputes are resolved by the Director of Land Registration, with appeals to Divisional Court.
Mandatory Compliance
Instruments affecting land must include a local description and property identifier (unless exempt).
Unregistered subdivision plans may be rejected if they hinder land identification.
Municipal Plans and Corrections
Municipal councils may create and register plans to clarify land boundaries.
Errors in registered plans may be corrected per regulations.
Land Registrar Responsibilities
Maintain property maps, abstract indexes, and ensure registration standards.
Reject instruments that are illegible, lack proper descriptions, or fail to reference valid plans.
General Registrations
Instruments like wills, letters of probate, and orders in council (without local descriptions) are registered as “general registrations” and not indexed in the abstract index.
Legal Consequences
Registration provides notice to all subsequent claimants, even if the original instrument had defects.
Equitable liens or tacking cannot override registered instruments.
Special Provisions
Condominium declarations require a certified title showing the declarant as fee simple owner.
Crown grants and orders in council are handled under specific procedures.
For specific scenarios (e.g., condominium easements, leasehold upgrades), consult detailed sections.