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The Registry Act (ON)

Registration of Subdivision Plans

  • 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.
  • 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.

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