Chapter 1.4: Title Registration

Question 1

_____ is any document under seal (conveyance of real estate)

Answer 1

Deed

Question 2

The _______________ doctrine conflicts with the torrens system

Answer 2

Common law doctrine

They’re opposites

Question 3

The __________________ has abolished the common law doctrine in BC

Answer 3

Land title act

Question 4

The common law doctrine is not the basics of the _________________

Answer 4

BC torrens system

They’re like opposites remember

Question 5

The _______ is responsible to discover all interests affecting property

Answer 5

Purchaser

Question 6

___________: a deed that looks valid but has no legal effect

Answer 6

Void deed

Question 7

A void deed cannot transfer any ____________________

Answer 7

Title in the land

Question 8

Non-est factum is Latin, meaning roughly what

Answer 8

I didn’t know what I was signing

Question 9

A void deed can also be known as

Answer 9

1) forged
2) illegal
3) non-est factum

Question 10

Under common law, your land was not secure for __________

Answer 10

20 years

Question 11

Under a void deed, the right owner could recover his land by proving he is the right owner. What system was this rule under?

Answer 11

Common law

Old school system

Question 12

To be protected under the Torren’s system of land registration, what 3 things must you do

Answer 12

1) must be a good faith purchaser
2) must have paid fair market value for the house
3) must have registered their title (name) in the Land Title Office

Question 13

Indefensible is a protective word for

Answer 13

Purchaser / owner

Question 14

Indefensible basically means

Answer 14

Interest in land (title in property) cannot be made void or cancelled by any past event, error or omission in the title

Question 15

Indefensibility Principle

Answer 15

Purchaser, in good faith, named on title, will be entitled to that fee simple interest

Question 16

_____________ does NOT extend to charges

Answer 16

Indefeasibility

Charge is not indefeasible

Question 17

Only _____ is guaranteed under the act, no charges

Answer 17

Title

Question 18

If charges are not allowed to be claimed under indefeasibility, what does this mean?

Answer 18

A charge is considered a mortgage, so indefeasibility does not protect any banks or mortgage providers

Question 19

Effect of registration

_______ to Land does not pass until it’s registered

Answer 19

Title

Question 20

Effect of registration

Delivery of a deed only transfers a right to apply for ___________

Answer 20

Registration

Question 21

Abolition of Notice

A purchaser only needs to be concerned with those interests contained on the __________

Answer 21

Register

Question 22

Abolition of Notice

Does not protect purchaser who participates in _______

Answer 22

Fraud

Question 23

The _________________ is intended to compensate parties

Answer 23

Assurance principle

Question 24

The Assurance principle is intended to compensate parties who;

Answer 24

1) lost interest in land
2) as a result of the Principle of indefeasibility (meaning of the land title act had not been passed they could have reclaimed their land)
3) and cannot recover their lost interest by court action

Question 25

There are multiple exceptions to the principle of indefeasibility, name some:

Answer 25

1) reservations in crown grants 2) taxes (unpaid taxes) 3) leases where tenant has lived for 3 years or less 4) fee simple obtained by fraud 5) a public right of way in favour of BC hydro and power authority 6) municipal charges 7) highways and easements 8) expropriations, escheats 9) caveat, builders lien 10) incorrect boundaries

Question 26

What is a caveat

Answer 26

A notice placed on the title to freeze it Lapses in 2 months

Question 27

What does CPL stand for

Answer 27

Certificate of pending litigation

Question 28

What is a Certificate of pending litigation?

Answer 28

A notice of a pending court action registered against the title, preventing dealings with respect to property Example: in the middle of a divorce this will apply so you can’t sell the land

Question 29

Upon the completion of the project, a builder has ____ day to file a lien

Answer 29

45

Question 30

Once the builder has filed the lien on the property, how long is it good for?

Answer 30

Lasts for 1 year

Question 31

How to protect yourselves from builder liens

Answer 31

-hold back 10% of the price you have to pay until 55 days after the project has completed

Question 32

Protecting yourself against a builder lien for strata lots

Answer 32

7/55 rule Must hold back 7% of the gross purchase price for 55 days after the project is substantially completed, ended, or abandoned

Question 33

Notation of trust

Answer 33

When a property is not registered in the name of a beneficial owner The trustee is not the beneficial owner of the property but holds it in trust

Question 34

What are the 2 documents required to transfer legal title from a seller to a buyer

Answer 34

1) a freehold transfer “Form A” | 2) property transfer tax

Question 35

What are some of the charges | Aka other interests less than fee simple

Answer 35

- mortgages - easements / restrictive covenants - building scheme - caveat - builders lien - duplicate Certificate of Title - pending litigation (court action on the property will hinder the sale)

Question 36

_______________ has become common in BC

Answer 36

Title insurance

Question 37

Title insurance Costs less than a_______________________

Answer 37

Survey of the property

Question 38

____________ may be required by a lender as a condition of approving a mortgage application

Answer 38

Title insurance

Question 39

Title insurance can provide coverage for many aspects of the _____

Answer 39

Land

Question 40

What does CSR stand for?

Answer 40

Contaminated Sites registry

Question 41

The ______________________ will never show up on a title search

Answer 41

Contaminated sites registry

Question 42

______________________: information about potentially contaminated sites can be obtained through the British Columbia ministry of Environment’s site registry, which is available through BC Online

Answer 42

Contaminated sites registry

Question 43

Contaminated sites registry (CSR) does not deal with any _____________

Answer 43

Title matters

Question 44

It is far more likely that a contaminated site registry will exist for a _________ rather than _________ property

Answer 44

Commercial rather than a residential property

Question 45

Manufactured homes are also known as

Answer 45

Mobile homes! Think of Angie

Question 46

__________ or __________ fund does not apply to manufactured homes

Answer 46

Indefeasibility or assurance Because you do not own the land! Just the pad for the mobile home

Question 47

A manufactured home can be placed on a _____

Answer 47

Pad - a slab of concrete basically

Question 48

Manufactured homes have no ________, only registered ownership

Answer 48

No title! If there is no title, then there is no indefeasibility and no assurance fund

Question 49

A manufactured home must have _______________ which are good for the __________ of the home. These need to be affixed within the home

Answer 49

2 decals Lifetime

Question 50

For mobile homes, The 2 decals are not equivalent to a certificate of title, but it’s ________________ under the act

Answer 50

Proof of registration

Question 51

The owner of the mobile home must affix the ______ in specified places on the manufactured home. Failure to affix or keep affixed the decals renders the owner liable for a ________

Answer 51

Decals Penalty

Question 52

Mobile Home transport permit, which means

Answer 52

You want to move your Mobile home elsewhere

Question 53

A ____________ has to be obtained from the registrar

Answer 53

Transport permit

Question 54

Mobile homes need to be ________ in the manufactured home registry

Answer 54

Registered

Question 55

Before issuing a transport permit, the registrar must be satisfied that all ________ on the home have been paid

Answer 55

Taxes

Question 56

Transport permits only authorize the _________ of a mobile home to a specific place

Answer 56

Movement

Question 57

Transport permits are only valid for ___________ from the date of the issuance

Answer 57

30 days

Question 58

The principe of Indefeasibility operates on the basis that the registered owner on title provides conclusive evidence of that persons entitlement to the fee simple estate True or false

Answer 58

True! Keyword: Indefeasibility = entitled

Question 59

True or false The principle of Indefeasibility extends to all validly registered charges on title

Answer 59

Charges = mortgages Which we know are not protected

Question 60

Which of the following statements about the common law doctrine of notice is false?

Answer 60

This doctrine is the basis of the BC Torrance system This is false 

Question 61

The abolition of the doctrine of notice by the Land Title Act is subject to the exception of

Answer 61

Fraud

Question 62

If a registered owner loses an interest in land due to the principle of indefeasibility he or she will automatically qualify for compensation from the insurance fund

Answer 62

False Automatically is too strong

Question 63

CPL is known as

Answer 63

Certificate of pending litigation