Title Searching & Conveyancing in Ontario, 7th Edition
Sixth Edition cited in MacDonald v Chicago Title Insurance Co. of Canada (2015), Gold v Chronas (2015), MacIsaac v Salo (2015), and more.
No other authority covers real property law and practice related to title and off-title investigation, conveyancing, land registration systems, and title insurance; explains and illustrates step-by-step how to complete searches and registrations electronically; and analyzes relevant legislation and case law – all in one volume.
Title and off-title investigation 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. The legal aspects and practice implications of title and off-title searching, land registration, conveyancing, and title and mortgage fraud and insurance are rapidly evolving. Title Searching and Conveyancing in Ontario, 7th Edition delivers a must-have toolbox of proactive risk management best practices for title and off-title investigation and review and conveyancing in the complex context of electronic registration and title insurance.
Title Searching and Conveyancing in Ontario, 7th Edition brings you fully up to date on changes and new developments since publication of the sixth edition in 2010. Author, Marguerite Moore, is a long-time educator on title and off-title investigation and land registration record systems. She has extensive expertise with both paper and electronic land records and registration systems including ELRS/TERS, Land Titles, Registry, and POLARIS.
Answers Your Questions
- What does title insurance cover – and not cover?
- How does title insurance change title and off-title searching?
- When, why, and how do I complete additional title and off-title inquiries?
- How can I use due diligence to avoid the catastrophic risk of environmental contamination?
- How do the courts view title insurance coverage and the solicitor's liability in negligence to the client?
- How and why do I complete an adjoining lands search and what do the courts say?
- How do I search using new Teraview eMaps?
- 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 and money conduits?
- How do I search common elements and nesting condominiums?
- What happens to easements and restrictive covenants and roads lost in the conversion?
- What are ATRIS, AANDC, ILRS, SGFNLR, FNLRS, PHAI, LLRWMO, EASR, and WWIS?
- Includes these features:
- Checklists, charts, tips and traps, summaries, and recent developments
- Legal precedents, example searches, parcel registers, and Teraview screens all as illustrative examples
- References to legislation, case law, and online contacts and resources
New in This Edition
- Coverage of the new, forthcoming condominium legislation
- Modernization and migrations of forms
- Possessory Rights, easements, and "extent of title" in post-title conversion cases
- Analysis of new Land Titles Conversion property cases, particularly Court of Appeal cases such as Gold and Chronas, which deals with post-conversion issues from converting from Registry into Land Titles
- Increasing environmental liability for clients and lawyers illustrated in recent cases – Dobara Properties Limited v Amone (2016), MidWest Properties Ltd. v Thordarson (2015), Kawartha Lakes (City) v Ottawa
- Marketable and insurable title and the recent cases
- Private mortgage fraud title insurance exclusion
- Judicial interpretation of title insurance contracts
- Recent case law on lawyer due diligence duties and negligence claims for inadequate investigation
- Building permits update and cases
- Peer-to-peer rentals (Airbnb), licensing bylaws, and secondary units
- Forfeited Corporate Property Act and Limited Liability Corporations
- Wind turbines, Port Hope Area Initiative 42, Halton Environmental Source Information Search
- Mining Claims, liens, and tax
- Municipal and development agreements update
- Expanded section on easements and access including doctrine of lost modern grant, current issues, and recent cases
- Expanded section on water-related inquiries including boathouses and docks, shoreline interference, water taking permits, drinking water systems, source protection and more
Who Needs This Edition?
- Real estate and general practice lawyers who perform and review title and off-title searches and registrations and select and order title insurance policies
- Law clerks seeking step by step directions, checklists, and examples on searching and electronic land registration
- Title insurers who need a reference that integrates title and off-title investigation and real estate practice with title insurance underwriting and claims
- Surveyors who must know how to access the full history of a parcel of land and title evidence relating to "extent of title"
- Forensic investigators seeking fraud and financial data related to land ownership and use
- Environmental consultants who must know how to access the full history of a parcel of land
- Mortgage professionals and real estate agents who need to know about title, title insurance, conveyancing, and land registration
- Academics and students whose work relates to the ownership and regulation of land
- Government offices administering the regulation of land by registering claims, sending notices, and processing compliance procedures and expropriations
- In-house Counsel and legal staff whose work relates to real property interests, leasing, and financing
- Lawyers and other professionals looking for a current, comprehensive resource on and ownership, title insurance, land registration, real property conveyancing, and related case law
- Judges, Litigators, and alternative dispute resolution professionals who need a comprehensive citable authority on title, title insurance, land registration, real property conveyancing, and related current case law
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
Chapter 15: Closing the Transaction
Chapter 16: Electronic Land Registration System (ELRS/TERS)
Chapter 17: Title and Mortgage Fraud
Chapter 18: Title Insurance
Significant Dates Related to Title Searching
Useful Websites, Resources, and Contact Information