OREA Land Registration Systems 4

Question 1

In Ontario, what is the 'first to register' rule?

Accepted Answer

When two competing interests exist, the one registered first on title generally takes priority over the one registered later

Answer

The first to register rule (priority of registration) means that when two or more competing interests exist for the same property, the interest registered first on title takes priority. This makes timely registration critically important.

Question 2

What is an 'instrument' in the context of Ontario land registration?

Accepted Answer

Any legal document registered or capable of being registered on title, such as a transfer, charge, discharge, or easement

Answer

An instrument is any legal document that is registered or capable of being registered against a property's title. This includes transfers, charges (mortgages), discharges, easements, liens, powers of attorney, and court orders.

Question 3

In Ontario, what is a 'caution' registered on title under the Land Titles Act?

Accepted Answer

A notice registered on title by a person claiming an interest in the property, warning that no dealings should be registered without notifying the cautioner

Answer

A caution is a notice registered on title by someone who claims an unregistered interest in the property. It prevents the registration of any dealings with the property without the cautioner being notified, giving them an opportunity to assert their claim.

Question 4

What is the 'doctrine of indefeasibility' in Ontario's Land Titles system?

Accepted Answer

The principle that a registered owner's title cannot be defeated except in limited circumstances specified by the Act, such as fraud

Answer

The doctrine of indefeasibility means that a registered owner's title is conclusive and cannot be challenged except in specific circumstances defined by the Land Titles Act, such as fraud by the registered owner. This provides certainty and security of title.

Question 5

In Ontario, what is 'electronic registration' and what are its requirements?

Accepted Answer

The process of registering legal documents affecting title electronically through Teranet's system, requiring authorized users with digital signatures

Answer

Electronic registration in Ontario allows authorized users (lawyers and their delegates) to register documents affecting title electronically through Teranet's e-registration system. Users must be authorized, use digital signatures, and comply with electronic registration requirements.

Ontario Real Estate Practice Test

Ontario Real Estate Practice Test

OREA Land Registration Systems 4