Title Searching and Conveyancing in Ontario, 6th Edition - Student Edition
Practise Safe Title Searching and Conveyancing
The legal aspects of title and off-title searching, land registration, conveyancing, and title and mortgage fraud are rapidly evolving - particularly title insurance and technology. Title searching and real estate conveyancing have been consistently documented as high-risk activities by E&OE claims history, case law, and title insurance claims statistics. Now more than ever you need to be aware of the law to protect your client from risk and yourself from negligence claims.
Title Searching and Conveyancing in Ontario, 6th Edition brings you fully up to date on changes since publication of the fifth edition in 2003. Marguerite Moore is a long-time educator on title searching and land registration records. She has extensive expertise with automated systems, including ELRS (Electronic Land Registration System), land titles, and POLARIS. No other book reviews the law, explains how to complete searches and registrations, and shows you how to search and register electronically (includes 100 figures).
New in This Edition
- Chapters on off-title searching and title and mortgage fraud
- Current case law and analysis for practical guidance
- Red flags, fraud avoidance strategies and reporting duties
- New client identification and verification requirements
- Searching powers of attorney and due diligence requirements
- Changes to the Land Titles Assurance Fund
- Extensive section on easements, access, and restrictive covenants
- Impact of the Green Energy Act on permitting and the Planning Act
- Current Aboriginal, access, land, water and environmental issues
And much more.
Answers to Your Important Questions
- What does title insurance cover - and not cover? How does title insurance change title and off-title searching?
- How can I use due diligence to avoid the catastrophic risk of environmental contamination?
- How do the courts view title insurance and the solicitor's liability in negligence to the client?
- Where can I check online for treaty maps, specific Aboriginal claims, and current status of claims?
- How do legislation and recent cases treat fraudulent transactions?
- What are the risks associated with ACSS and LVTS funds transfers?
- What happens to easements and restrictive covenants and roads lost in the conversion?
A Complete Land Ownership and Risk Management Toolkit For
- Real estate and general practice lawyers who perform title searches and registration on behalf of clients and order title insurance policies
- Law clerks seeking step by step directions on searching and electronic land registration
- Title insurers who need to understand the changing risks associated with underwriting title insurance policies
- Forensic investigators seeking fraud and financial data related to land ownership and usage
- Environmental consultants who must know how to access the full history of a parcel of land
- Government offices administering the regulation of land by registering claims, sending notices, and processing expropriations
Table of contents
Chapter 1: Land Registration in Ontario
Chapter 2: Land Division and Geographical Referencing in Ontario
Chapter 3: The Registry System
Chapter 4: The 40 Year Registry Search
Chapter 5: Registered Documents
Chapter 6: The Land Titles System: Torrens in Ontario
Chapter 7: Condominium Ownership and the Search
Chapter 8: Electronic Title Searching Under the Land Registration Reform Act (POLARIS)
Chapter 9: Easements, Access, and Restrictions on Use
Chapter 10: Spousal Rights and the Matrimonial Home
Chapter 11: Adjoining Lands Searches and the Planning Act
Chapter 12: Execution (Writ) Searching
Chapter 13: Subsearches
Chapter 14: Off-Title Inquiries (Searches)
Chapter 15: Closing the Transaction
Chapter 16: Electronic Land Registration System (ELRS)
Chapter 17: Title and Mortgage Fraud
Chapter 18: Title Insurance