Module 4 Introducing Land Description and Land Registration

Lesson 1
Ontario’s land The mandatory measurement of land across
descriptions the British Empire was based on the old
chains and links system, called Gunter’s chain
or Gunter’s measurement. Chains were 66
feet long, 100 links made a chain, and 80
chains equaled one mile. Each concession was
100 chains across or 1¼ miles. The county
boundary often followed a river or lake but in
most cases was a straight line through the
bush. The counties were then divided into
smaller parcels referred to as “townships”.
Each township was in turn divided into strips
of land known as “concessions”. Each
concession was separated from the next one
by a “road allowance”. Each concession was
further divided into “lots”. A “parcel of land”
could then be described as the entirety of the
lot and concession.

In Ontario, there were three types of

township configurations:

The “single front” and “double front”

township configurations were later
introduced. Single front townships normally
contained 200-acre lots, while double front
townships were usually patented in 100-acre
half-lots. The “sectional township system” of
land division involved 1,000-acre sections.
Metes and bounds
Metes and bounds is on older system of
written land description whereby a
property is described using compass
directions and distances ultimately
enclosing the property being described.
The Compass direction is always related
to North.

Types of surveys four types of surveys when involved in the listing

and selling of residential and commercial real
 estate. These are: Surveyor’s Real Property Report
(also called building location survey, including two
parts, written report and plan of survey),
reference plans (R-plans), plans of survey(used for
apply for building permit), and plans of
subdivision(Plans of subdivision are assigned
numbers at time of registration at the land registry
office.).
Surveyors in Ontario are subject to both the
Surveys Act and the Surveyors Act in the
establishment and/or re-establishment of
property lines, boundaries, and other components
of surveys.

The importance of A “survey,” which is prepared by an Ontario land All

accurate land surveyor, depicts accurate mathematical changes to
description measurements of land and improvements. land
Technically, land surveying is referred to as require a
“cadastral surveying.” reference
The Association of Ontario Land Surveyors has plan to be
determined that a survey contains the four deposited
components of: in the land
• Research • Measurement • Monumentation • registratio
Plan and/or report n office.

A salesperson will most typically encounter four Plan of

types of surveys: • A Surveyor’s Real Property survey
Report (include a plan of survey and a written could not
report) • A reference plan (R plan) • A plan of be
survey • A plan of subdivision registered
at the land
registratio
n offic
The Association of Ontario Land
Surveyors has been concerned for some time
about the circulation and use of photocopies
or partial copies of survey plans that may have
been altered in some way or that may not
show all of the information that forms part of
the original survey.
A copy of the plan that does not bear an
impressed seal may not be a valid copy of the
original plan.
 An “up-to-date” survey is essentially a
current snapshot of the parcel of land being
described at that moment of time. Over time,
changes can happen that won’t be reflected in
an older survey.
A complete “legal land description” is a
written identification and formal depiction of
land in order that the property can be
precisely located. The legal land description
ensures that the
of accurate land The importance
©2019 Real Estate Council of Ontario
property being purchased is, in fact, the
same one being offered for sale. Further, this
description is required for related activities,
such as arranging a mortgage. “Primary
documents” containing the legal land
description include the deed and survey. In
the event an owner does not have a deed or
survey, other documents such as the
municipal assessment or tax bill can be used
when verifying a legal land description.
While a selling salesperson would normally
rely on the listing information being complete
and accurate, and write the offer using that
information, ultimately both listing and selling
salespersons are obligated to confirm all the
information before drafting legal documents
in a real estate transaction.
1.
Lesson 2: Land Registration
Land registration Land registration systems provide for the orderly Ultimately, the
registration of ownership of land in Ontario. chain of title
Two land registration systems currently exist in should go back
Ontario under the Registry Act (registry system) to the original
and the Land Titles Act (land titles system). In Crown patent
Ontario, all land is registered under either the (such as the
Registry Act or the Land Titles Act, but never root of title).
under both.
The Land Titles Act operates on the premise that Under land
the Land Titles Register is the sole information title system,
source for purchasers. Land titles is based on the land
these three principles: registrar
 • Mirror principle • Curtain principle • Insurance guarantees the
principle title, while
Land registered under the Registry Act may be registry system
brought under land titles by the owner through a doesn’t
process called “first application.” The large-scale guarantee the
conversion of registry records into land titles is title.
now being completed. The Land Titles Conversion
Project involves the conversion of registry records
into land titles coincident with the move to e-
registration systems.
The “Land Titles Assurance Fund,” established
under Part V of the Land Titles Act, provides that
persons deprived of ownership through selected
errors or fraud are entitled to compensation,
provided such compensation cannot be obtained
from other sources.
The Land Titles The Land Titles Conversion Project involves the
Conversion Project conversion of registry documents to land titles
coincident with a change to the automated
POLARIS system.
Under traditional procedures, a property would
enter land titles through an investigation and
subsequent certification by way of first application
under the Land Titles Act (Part IV). The Land Titles
Conversion Project provides streamlined
procedures to accelerate the process and the
access to land registration records by way of
Teraview (operated by Teranet).
The land in the registry system was converted into
the land titles system using either the Land Titles
Absolute (LTA) System or the Land Titles
Conversion Qualified (LTCQ) System.
The POLARIS “POLARIS” is an acronym for Province of Ontario The guarantee
automated land Land Registration and Information System. This of title
registration system automated land registration system operates normally
based on a title index (description of property associated
ownership) and property mapping (surveys and with land titles
plans) databases. does not
accompany
POLARIS registers property under a parcel basis in this
much the same fashion as a land titles system. parcelization
process.
POLARIS permits the user to find property by
 individual parcel, which is referenced by a PIN, by
individual name, or by street address within the
title index. Further, property mapping allows the
geographic pinpointing of described properties.

“Teraview” is an electronic gateway software,

operated by “Teranet,” which provides clients with
online remote access to land information products
and services, including the POLARIS land
registration system.

Teraview facilitates searches by accessing three

different databases within POLARIS: • Title Index
Database • Property Index Database • Image
Database

Teranet, in partnership with ServiceOntario, has

built a web portal called OnLand to deliver key
statutory services relating to land and property
ownership in Ontario to land registry professionals
and to the public.
The
The five documents The Land Registration Reform Act sets out five
that standard documents that can be e registered.
can be e-registered These five forms are:
• The Transfer/Deed of Land (Form 1)
• The Charge/Mortgage of Land (Form 2)
• The Discharge of Charge/Mortgage (Form 3)
• The Document General (Form 4)
• The Schedule (Form 5 additional information for
Form 1 to 4))
“E-registration” refers to title documents being
created, submitted, and maintained in electronic
form.
Individuals who are provided access to the
Teraview and POLARIS systems may register
documents electronically from their offices, use a
kiosk in the applicable land registry office, or
request assisted service by a staff member in the
land registry office.