In our real estate practice, we routinely review and advise clients on matters related to titles of properties they are purchasing, selling or seeking to develop.  This series of articles will focus on the various types of registrations (also known as “charges”) that we find regularly on titles.  While not a comprehensive summary of the types of charges that may be seen, the articles presented over the coming weeks will cover each of the following in more detail:

• Statutory Rights of Ways
• Covenants
• Undersurface Rights
• Restrictive Covenants
• Statutory Building Schemes
• Easements
• Rent Charges
• Mortgages and Assignments of Rents
• Caveats, Builders’ Liens, Certificates of Pending Litigation and Judgments
• Options to Purchase and Rights of First Refusal

Determining the nature of the charges and registrations against title to a property requires obtaining a copy of the title from the Land Title and Survey Authority and reviewing same.  There are various sections on a title search but the specific areas of interest in the context of this discussion are the items found under the heading “Legal Notations” and those found under the heading “Charges, Liens and Interests”.  Most of the items covered in this article series will be found under the heading “Charges, Liens and Interests” although some will also be reflected under the “Legal Notations” heading where they are registered for the benefit of the property at hand.

A lawyer or notary public can assist you in obtaining a copy of the title to a property from the Land Title Office if you do not have one available. Stay tuned for our next article covering the first type of charge on title: Statutory Rights of Ways.

Author: Una Gabie

This information is general in nature only. You should consult a lawyer before acting on any of this information.

This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250) 448-2637 or any of our lawyers practicing real estate law at the following: