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6 SEPTEMBER 2010 – CERTIFICATES OF TITLE

6 SEPTEMBER 2010 – CERTIFICATES OF TITLE

Q.Does the owner of a property have a right to have a Certificate of Title, issued by the titles office, to show their ownership of a property?

A. Yes, but under current law a certificate of title will only be issued to the registered owner of a property if they have requested the registrar of titles to issue one to them. Currently all records are held electronically on the Land Titles database. If the property is subject to a mortgage, a certificate of title will only be issued if the mortgagee gives their consent. Application for a title is made using a Land Title Act Form 19. Any of the old style forms of Certificate of Title will be kept by the Titles Office when the next transaction relating to the property occurs. Any title from that time on will be the new form of title which does not show the history of the property in the same way as the old deeds.

TIP: If a certificate of title for a property has been issued but is lost, urgent steps will need to be taken to obtain a replacement as this process can take some time and could delay the settlement of the sale of a property and cause the seller to be in default under a Contract of Sale.

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