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firm:real-estate:title-search:registry-act [2025/07/01 22:25] – adminfirm:real-estate:title-search:registry-act [2025/07/01 22:39] (current) – admin
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 ====== The Registry Act (ON) ====== ====== 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.
 +
 +==== 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.//
  
  

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