Land Titles vs. Land Registry

January 11, 2012

Law Day

Ontario has two types of property registration: Land Titles and Land Registry. Parts of the province, particularly in the north, have always been in the Land Titles system, while the majority of the rest of Ontario has been in the Land Registry System.

The Land Registry system in Ontario dates back to the late 1700s, and further back to the old English system. Properties were registered based on their descriptions in chains (66 feet) and links (100 links in a chain). Each concession lot would be 100 chains from front to back, with 20 chains of frontage to the main road. Properties were patented and deposited at the local Land Registry Office, and title was passed from one person to another in accordance with the description originally patented. Each county in Ontario was given a Land Registry Office to deal with its own properties. Specific forms were prescribed for registering transfers and mortgages, but a wide variety of documents could be registered. Certain actions, such as adverse possession or owning property in trust for another person, are permitted under the Registry System; I will be blogging more about adverse possession next week. In terms of real estate law, in order to certify title, we must search back 40 years in the registry system to ensure that there are no title issues.

The Land Titles system has been in place in some parts of Ontario since 1875, and has been gradually introduced to the rest of Ontario over the past 20 years. Under the Land Titles system, title does not need to be searched back 40 years; anything earlier than the current owner is protected against by the Land Titles system. This is part of the reason why adverse possession cannot occur under the Land Titles system. There are also far more stringent rules about which documents can be registered and what format they must take in order to combat against fraud. For example, property can no longer be registered in trust for another person.

Nearly all Ontario properties have now been converted into the Land Titles system, with the intention that all properties will some day be part of the Land Titles system.

About Cesia

Cesia is a real estate lawyer at Wall-Armstrong and Green, a boutique law firm in Barrie focusing on real estate and estates. When she’s not online, she can usually be found in her garden.

View all posts by Cesia

3 Responses to “Land Titles vs. Land Registry”

  1. Harold Berglas Says:

    since last year, any update on when the registry system will be demised 100%?

    Reply

  2. Cesia Says:

    Hi Howard

    Unfortunately no – there are still some properties that have disputed boundaries or other title defects, and until that is sorted out they will remain in the registry system.

    Cesia

    Reply

  3. harold Says:

    any news yet on registry demise ?

    Reply

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