Land Registration Act training for legal assistants: Searching the parcel register in detail

1. LIANS’ Risk and Practice Management Program May 25, 2011 Land Registration Act trainingfor legal assistants: Searching the parcel register in detail with Raffi Balmanoukian LL.B.

2. Begin at the beginning … • Read the agreement • Diarize deadlines (lawyer approval/objections to title) • Do you have an old file on this property? • Client identification

3. Initial review • Are all PIDs reflected in the agreement? • Are all PIDs Land Registered? • Are there any “asterisked” (inherited) interests (Form 45 needed) • Is parcel access and manner of tenure specified? • If a condominium, does the parcel register correspond to Land Registration Administration Regulations 9 and 12? • 20 year judgment search on your purchasers IMMEDIATELY

4. Registered interests Does the enabling instrument reflect that is shown on the parcel register? • Full names, changes of name, a.k.a. • Manner of tenure • Qualifier (trustee / estate / etc.) - review s. 28 LRA, s. 50 Probate Act, etc. if necessary • If surviving joint tenant, Form 21 or at least instrument with incorporated proof of death • Description of parcel • Are there additional parcels in the deed? Are they included in lands affected by your transaction? • Is there an Matrimonial Property Act affidavit from the prior owner and does it reflect residency? • Is the instrument complete and regular on its face

5. Access What does the PR show? • If blank, F45 needed (free!) • If not public, is it reflected in the approved description and in the enabling instrument? • Does granted access match with what is in use? See Access to red flag issues under LRA by Garth C. Gordon QC LIANS.ca > Real Estate > Resources > Articles > Access

6. Judgments • Purchaser 20 years always • If non-individuals, conduct appropriate off title enquiries (e.g. Registry of Joint Stock Companies) • Vendor: • If the last revision to the registered interest was before May 15, 2005, you will have to do full 20 years. • If the last revision was after that, LRAR 23(2) deems the parcel register to be a complete incorporation of judgments as at the last revision. Note: If “similar name” - Stat Dec with Form 26

7. Judgment rules How to determine material difference in names by Frank DeMont LIANS.ca > Real Estate > Resources > Articles > Judgments

8. Benefits and burdens • Benefits • Burdens • Form 8A • Restrictive covenants • Embedded interests and miscellany • B/B and parcel description

9. Mapping graphics • Does the “red line” match with parcel description / register for access? • Does the “red line” suggest third party usage? • Does the mapping graphic correspond with survey fabric and/or description? • Are there adjoining parcels which may affect or be affected by your transaction?

10. Parcel description • Does it “map out?” • Does it correspond with the enabling instrument? • Does it match any filed plan? • Does it include benefits/burdens (above) and any interests acquired by adverse possession or prescription (infra)? • Compliance with Part IX of the Municipal Government Act?

11. Recorded interests • Mortgages - what is being done with them and why? • Power of Attorney - paper-record to remove • If you are working under a POA does it allow for what you are doing? • Remember the ID rules on third party beneficiaries! • If using title insurance, get the flag cleared before closing! • Leases, options, Rights of First Refusal - how are these being treated?

12. Possessory interests • This is “lawyer only” territory!! • “Flip sides” for prescriptive easements • If part or all of title is acquired by possession, very careful review of enabling instruments required • Does the parcel description include any land acquired by possession, or interests subject to prescription? • Form 9 with 26N filed post-May 4, 2009?

13. De facto consolidations • Review de facto for compliance with 268A of the Municipal Government Act A

14. Bankruptcy • Disclaimer, not just a discharge

15. Don’t forget overriding interests and off-title enquiries • s. 73 of the Land Registration Act • Taxes • Workers’ Compensation Board (especially new construction) • Easements “used and enjoyed” • Utility interests

16. Subsearches • Parcel register (including flips if necessary) • Judgments • Documents In Process (best left blank) • Plans In Process (best left blank) • Land Registration Documents In Process (do not rely on “orange alert”) • Documents “accepted for registration”?

17. Miscellaneous topics • Land Registration Date • Parcel archive • Details view • Textual Qualifications

18. Additional Resources LIANS’ Land Registration Act Educational Resources LIANS.ca > Real Estate > LRA Audit LIANS.ca > Real Estate > LRA Training Material Ian MacLean QC Title searching land registered parcels; LIANS.ca > Real Estate > Resources > Articles > Title Issues Checklist when revising the parcel register or recording an interest LIANS.ca > Real Estate > Resources > Articles > Title Searches Catherine Walker QC Confirmation and waiver of advice (location certificate and title insurance); Land registration - checklists for opening and closing, and; LRA - notice of a possible mismatch LIANS.ca > RPM > Resources > Solo and Small Firms > Conference 2010 Frank DeMont How to determine material difference in names LIANS.ca > Real Estate > Resources > Articles > Judgments Mark Coffin Textual qualifications in the title registration system LIANS.ca > Real Estate > Resources > Articles > Land Registration Act Garth Gordon QC Access to red flag issues under LRA LIANS.ca > Real Estate > Resources > Articles > Access