Absolute Land Title Analysis

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Land Titles Absolute Conversions If planning to develop a condominium or subdivision, you are required to have title to the lands registered as Absolute Title or Absolute Title Plus at time of registration. Our recommendation is to start the absolute title conversion process as early as possibly in the development. The conversion process 1. Preparation of a draft reference plan by an Ontario land surveyor illustrating the extent of the land, any registered easements or right of way, both servient and appurtenant to the subject lands. 2. Search and review of title records (going back 40 years) by a solicitor. 3. Preparation and service of a notice of application and a copy of the draft reference plan, on all adjoining landowners and…show more content…
Registered owner must then wait 30 days for any objections to be raised before proceeding with the application to the land registrar; and 5. If any objections are raised that cannot be resolved between the landowner and the objector, the file may then be referred to the land registry for review, and if necessary, a full hearing may be held by the director of titles. Once all of these steps have been completed, the application is ready for submission to the land registrar. Once the land registrar is satisfied with the application, he/she will remove the qualifiers and enter the applicant as the registered owner with an absolute title or absolute title plus as appropriate. The parcel register will then show LTA (Land Titles Absolute) or LTA Plus (Land Titles Absolute Plus) in the “Estate/Qualifier field”, and title is subject to all of the qualifiers listed in section 44(1) of the Land Titles Act. If application being made to claim a right to ownership through possession, there are additional requirements that must be met. Your solicitor will provide information for this…show more content…
Title converted from the Registry System into LTCQ is guaranteed as to these items up to the date of conversion. However, because the administrative conversion process does not require an application to be made by the owner, and therefore does not include a current survey, a notice of application to be served upon interested parties, or a hearing process that would identify and resolve title disputes or adverse claims, the converted land will still be subject to any lease to which subsection 70(2) of the Registry Act applies, the rights of any person who would be entitled to the land or any part of it through adverse possession, prescription, misdescription or boundaries settled by convention. Do you need to upgrade your LTCQ title? The registered owner of administratively converted LTCQ lands can upgrade title to what is referred to as Land Titles Absolute Plus (LTA+). This is done through an application to amend the parcel. The LTA+ parcel will not be subject to the subsection 44(1) qualifiers listed in the Land Titles Act in respect of planning compliance, possessory interest of adjoining land owners, dower rights, escheats and succession duties which results in more protection than that offered in a standard absolute title. There are many reasons why you may want to upgrade

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