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| firm:real-estate:title-search:chain-of-title [2025/07/01 16:21] – created admin | firm:real-estate:title-search:chain-of-title [2025/07/01 21:42] (current) – admin | ||
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| ====== Chain of title ====== | ====== Chain of title ====== | ||
| + | A chain of title is the chronological sequence of ownership, transfers, and legal interests affecting a property over time. It establishes the historical record of who owned the property, how ownership changed, and any encumbrances (e.g., mortgages, easements) or legal restrictions (e.g., by-laws, Planning Act controls) affecting the land. In Ontario, a thorough chain of title is critical for real estate transactions to confirm clear ownership and compliance with legal requirements, | ||
| + | |||
| + | ==== Critical warning ==== | ||
| + | |||
| + | Before conducting any kind of inquiry into title, you **must** be sure to know the name and identification number of the land registry office (" | ||
| + | |||
| + | ==== Worksheet ==== | ||
| + | |||
| + | * {{ : | ||
| + | |||
| + | ---- | ||
| + | |||
| + | ===== Key Elements ===== | ||
| + | |||
| + | 1. History of ownership | ||
| + | |||
| + | * Traced back 40 years (or longer) to establish a "clear chain" to the current owner. | ||
| + | * Includes grants, transfers, leases (over 21 years), and other legal documents affecting ownership. | ||
| + | |||
| + | 2. Legal descriptions | ||
| + | |||
| + | * Verifies that property boundaries and descriptions in deeds, plans, and abstracts align. | ||
| + | * Identifies discrepancies (e.g., "part of a lot," "part inal," or subdivided parcels). | ||
| + | |||
| + | 3. Encumbrances and restrictions | ||
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| + | * Documents mortgages, liens, easements, restrictive covenants, and Planning Act controls. | ||
| + | * Reviews by-laws, subdivision plans, and validation certificates. | ||
| + | |||
| + | 4. Compliance with the //Planning Act// | ||
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| + | * Ensures no illegal subdivision or part lot transfers occurred during the Planning Act period (June 15, 1967, or June 27, 1970, onward). | ||
| + | * Confirms exemptions (e.g., whole lots on registered plans of subdivision). | ||
| + | |||
| + | ===== Procedure ===== | ||
| + | |||
| + | 1. Current owner | ||
| + | |||
| + | * Use the abstract of title or POLARIS parcel register to identify the current registered owner and legal description. | ||
| + | |||
| + | 2. Trace back by name and description | ||
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| + | * **By Name**: Follow prior owners in the abstract book or registry index (e.g., "John Smith conveys to Jane Doe"). | ||
| + | * **By Description**: | ||
| + | * **Other documents** may affect title but not include a matching name or description for the subject property. Be sure to gather all title documents. | ||
| + | |||
| + | 3. Verify legal access and boundaries | ||
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| + | * Confirm access to public roads and review road pages in the abstract index for closures or widenings. | ||
| + | * Use subdivision plans, reference plans, and Teraview maps to map abutting parcels. | ||
| + | |||
| + | 4. Address complex scenarios | ||
| + | |||
| + | * **Intestate Estates**: Identify if ownership passed to heirs without a will. | ||
| + | * **Name Changes**: Account for marriages, divorces, or corporate reorganizations. | ||
| + | * **Historical Gaps**: Investigate missing links (e.g., deeds dated centuries earlier but recently registered). | ||
| + | * **Subdivision and assembly**: property owners may subdivide lots into smaller units and sell these units to individuals. Individuals may similarly assemble a group of lots from their individual owners. In these cases, further investigation of each of the lots either subdivided or assembled is required to ensure that no //Planning Act// violations have occurred. | ||
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| + | 5. Document findings | ||
| + | |||
| + | * Create a chain of title diagram (or "tree of title" | ||
| + | * Include a sketch of the property and abutting lands with color-coded boundaries. | ||
