How to Find Real Estate and Land Register Information in Канада

Each province and territory in Canada (Canada consists of 13 political divisions: 10 provinces and 3 territories. The territories are Northwest Territories, Nunavut and Yukon) has its own Land Registry system, which may vary in terms of specifics, but all generally aim to provide a reliable and comprehensive system to track land ownership and interests.

In all systems, the primary aim is to provide an up-to-date, reliable record of information about ownership and interests in land, such as rights of way, liens, and mortgages/hypothecs. This aids transparency, supports land transactions, and contributes to economic and social development.

The reason for each province having different property laws goes back to the founding of Canada and its Constitution Act of 1867. In this Act, the legislators decided which areas of law the federal government would control and which areas the provinces would control. Property laws are listed as a provincial matter in this Act, which is why each province has different laws relating to property.

Property is categorized as real property or personal property. Real property is land, homes, mine and mineral rights, etc. Personal property is all other property, such as vehicles, mobile homes, bank accounts, furniture, etc.

Land Registration Systems

Land registration systems are government registries that show who owns particular real properties. There are two land registration systems in Canada:

1. title registration, and
2. deed registration.

Alberta, British Columbia, Saskatchewan, Manitoba and most of Ontario have a title registration system based on the “Torrens” system.

The Torrens system is a land registry method developed by Sir Robert Richard Torrens, former premier of South Australia, in the 1800s. Torrens was instrumental in the implementation of this unique and efficient system of dealing with land. Based on his experience in registering the ownership of ocean vessels under merchant shipping laws, Torrens devised a method of making the land registry conclusive, as the government or its agent guarantees an indefeasible title. The system eliminates the need for historical searches to prove validity of title.

Canada consists of 13 political divisions: 10 provinces and 3 territories. The territories are Northwest Territories, Nunavut and Yukon.

Other provinces use the deed system. In this system, deeds to land and other documents that affect land (such as mortgages) are registered in a public registry system. However, the record is open to inspection, verification and challenges. The government does not guarantee ownership rights or other claims to land under the deed system.

Ontario, Nova Scotia and New Brunswick have made efforts to convert to the Torrens system. Quebec, Prince Edward Island (P.E.I.) and Newfoundland still operate using the deed system. For example, if you buy a house in P.E.I., you would register a document showing you are the owner, but someone could challenge your ownership based on documents they have.

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The changeover to the Torrens System relieved buyers and sellers of examining long, complicated deeds and dealing with owners who might withhold or lose their deeds and even try to commit fraud. Today, a prospective buyer under the Torrens System is not required to look beyond the record in the government-managed registry.

The Torrens System operates on the principle of “title by registration” rather than “registration of title.” A buyer can only receive a title if it is first registered, rather than buying a piece of land and then register it later.

In the registry, each piece of land is identified by a unique number and title. Each title has a description of the exact dimensions of the land and its boundaries. A title shows the names of the registered owners and any legal interests that have been applied against the title and which consequently affect ownership. Also, the registry is open to and may be fully searched by the general public.

The four main principles of the Torrens System help buyers and sellers feel secure about conducting land ownership transactions. They are:

• conclusive evidence of ownership – This is called the principle of indefeasibility. Because the government has records of all land titles and is responsible for cataloguing and preserving them, buyers are guaranteed their land purchase is exactly as the title describes it
• facility to transfer – Title owners can transfer ownership to others more easily as there are several well-defined categories of ownership
• compulsory registration of titles – All titles must be registered in the government’s land registry system. This rule ensures that accurate records of all transactions related to land ownership are kept
• an assurance fund – In the extremely rare case that an owner is defrauded or suffers a financial loss due to some error in the system, an assurance fund is in place to compensate the owner for such losses

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By Province / Territory:

1. British Columbia: The Land Title and Survey Authority of British Columbia (LTSA) manages the land title register. The Torrens system is used, where the government guarantees registered land titles. https://ltsa.ca
2. Alberta: Land Titles are managed by Service Alberta. The province uses a Torrens system, providing security and simplicity in land ownership. https://www.alberta.ca/land-titles
3. Saskatchewan: The Information Services Corporation (ISC) manages the Land Registry. Saskatchewan also uses the Torrens system. https://www.isc.ca/SignedInHome/Products/Pages/MapSearch.aspx
4. Manitoba: The Property Registry is managed by Teranet Manitoba. Again, Manitoba uses the Torrens system. https://teranetmanitoba.ca/land-titles/
5. Ontario: Land Registration is managed by ServiceOntario. Ontario uses a modified Torrens system, known as the Land Titles system, alongside an older, Registry system. https://www.ontario.ca/search/land-registration and https://www.onland.ca/ui/
6. Quebec: The Land Registry Office under the Ministry of Justice manages land registration. Quebec uses a Civil Law system, different from the rest of Canada. https://www.quebec.ca/en/housing-territory/land-information/land-register
7. New Brunswick: Service New Brunswick manages the Land Registry. New Brunswick employs a modified Torrens system. https://www2.snb.ca/content/snb/en/sites/land-registry.html
8. Prince Edward Island: The Department of Justice and Public Safety manages the Land Registry, using a Registry system. https://www.princeedwardisland.ca/en/information/finance/registrar-of-deeds
9. Nova Scotia: The Land Registration Office under Service Nova Scotia and Internal Services manages land registration, using a modified Torrens system. https://novascotia.ca/sns/access/land/land-registry.asp
10. Newfoundland and Labrador: The Department of Government Services manages the Registry of Deeds. Newfoundland and Labrador use a Deeds system. https://www.gov.nl.ca/dgsnl/registries/deeds/deed-search/
11. Yukon, Northwest Territories, and Nunavut: The three territories use a Torrens system, managed by the territorial governments.
1. Yukon: https://yukon.ca/en/legal-and-social-supports/learn-how-access-yukon-land-titles-registry-online
2. Northwest Territories: https://www.justice.gov.nt.ca/en/divisions/legal-registries-division/land-titles-office/
3. Nunavut: There is only one Land Titles Office in Nunavut, which is located in Iqaluit. Title is issued in the form of a Certificate of Title. Document Registrations are still submitted in paper format by mail or in person, however E-Submission has been started.

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A1. To access land register information in Canada, do you need a professional user account?

Access to land registry information in Canada varies by province or territory, as land registration is under provincial jurisdiction. Typically, basic information can be accessed by the public without the need for a professional user account. However, access to more detailed information or services may require a professional user account or may be more commonly used by real estate professionals, lawyers, notaries or researchers.

Here is a general overview:

1. Alberta: The Alberta Land Titles Spatial Information System (SPIN2) allows the public to search for land information, but detailed reports may require a fee.
2. British Columbia: The Land Title and Survey Authority of British Columbia (LTSA) provides access to some records for free, but more detailed information may require a myLTSA Explorer account and associated fees.
3. Manitoba: The Property Registry allows you to search for titles, documents or plans, but you have to pay per search.
4. New Brunswick: The province's Property Assessment Online tool lets you search for basic information for free, while more detailed information may require a fee.
5. Newfoundland and Labrador: The Registry of Deeds, Companies and Securities provides access to property records, but a fee may be required.
6. Nova Scotia: Access to the Nova Scotia Land Registry is available to the public, but fees may apply.
7. Ontario: OnLand provides access to property records, but certain services or detailed information may require a fee or subscription.
8. Prince Edward Island: The province's Tax and Land Information Website provides free access to basic property information, while more detailed reports require a fee.
9. Quebec: The Quebec Land Register provides online access to its registry, but there are fees for document copies.
10. Saskatchewan: Information Services Corporation allows you to search for land titles, with fees for each search.
11. Northwest Territories: The Department of Lands provides access to land titles information, but a fee may be required.
12. Nunavut and Yukon: Access to land titles information requires a request to the territory’s land titles office and may involve a fee.

In general, you do not need a professional user account to access basic information, but fees often apply for detailed reports or specific services. Real estate professionals, lawyers, notaries or researchers may have their own accounts due to the nature of their work.

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A.2 Available languages

In Canada, the two official languages are English and French. However, the availability of these languages for land registry services can vary by province or territory. Here is a general overview:

1. Alberta: Land registry services are primarily available in English.
2. British Columbia: Services are primarily offered in English.
3. Manitoba: Services are primarily offered in English.
4. New Brunswick: As an officially bilingual province, services in New Brunswick are available in both English and French.
5. Newfoundland and Labrador: Services are primarily offered in English.
6. Nova Scotia: Services are primarily offered in English.
7. Ontario: Services are typically available in both English and French.
8. Prince Edward Island: Services are primarily offered in English.
9. Quebec: French is the official language of Quebec. Services are primarily offered in French, but English services are available to some extent.
10. Saskatchewan: Services are primarily offered in English.
11. Northwest Territories: Services are primarily offered in English.
12. Nunavut: Services are primarily offered in English and Inuktut.
13. Yukon: Services are primarily offered in English.

It is always recommended to check with the specific land registry office in the province or territory for the most accurate and up-to-date information. Translation services may be available upon request.

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A.3 Search options (with partial information)

Most land registry offices allow you to search for properties using an address, but the ability to search by name can vary. Here is a general overview:

1. Alberta: The Alberta Land Titles Spatial Information System (SPIN2) allows you to search for land information using a legal land description or title number. Personal name searches are not available.
2. British Columbia: The Land Title and Survey Authority of British Columbia (LTSA) allows you to search by parcel identifier (PID) or legal description.
3. Manitoba: The Property Registry allows you to search for titles, documents or plans using a variety of search options.
4. New Brunswick: The province’s Property Assessment Online tool lets you search for basic information using an address.
5. Newfoundland and Labrador: The Registry of Deeds, Companies and Securities provides access to property records, but the search options are not clearly specified.
6. Nova Scotia: The Nova Scotia Land Registry allows you to search using a Parcel Identifier (PID) or Assessment Account Number (AAN).
7. Ontario: OnLand allows you to search for property records using an address or PIN (Property Identification Number).
8. Prince Edward Island: The province’s Tax and Land Information Website provides free access to basic property information searchable by address or parcel number.
9. Quebec: The property’s cadastral name and lot number are essential for consulting the index of immovables.
10. Saskatchewan: Information Services Corporation allows you to search for land titles using a land description.
11. Northwest Territories, Nunavut, and Yukon: Access to land titles information requires a request to the territory’s land titles office and the search options are not clearly specified.

It's important to note that privacy laws may restrict the amount of information that can be obtained through a name search.

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In Canada, the land registry or title system in each province or territory provides a range of property-related information. While the specifics may vary by jurisdiction, generally, you can access the following types of information:

1. property ownership: The land registry contains records of who currently owns the property and past owners.
2. legal description: This includes the precise location and boundaries of the property.
3. outstanding mortgages or liens: Information about any outstanding mortgages or liens on the property is usually available.
4. easements or rights of way: If there are any easements or rights of way on the property, these should be listed.
5. covenants or restrictions: Any covenants, restrictions, or conditions that apply to the property should be recorded.
6. transfer history: The history of transfers of the property, including sales and inheritances, should be available.
7. pending litigation: If there is any pending litigation that affects the property (a lis pendens), this should be noted.
8. tax information: Some provinces may also provide information about property taxes.

To access this information, you typically need to conduct a title search or request a parcel register for the property. There may be a fee for this service.

In Canada, several property-related documents are typically available through the land registry or title system in each province or territory. These include:

deed/title: This document indicates the legal owner of the property. It includes a description of the property and any rights that come with it.

1. transfer documents: These documents record the transfer of property from one owner to another.
2. mortgage documents: These documents detail any mortgages (hypothecs) or loans secured by the property.
3. lien documents: If there are any liens against the property, these will be recorded in lien documents.
4. easement documents: If there are any easements on the property, these will be recorded in separate documents.
5. covenants or restrictions: If there are any covenants, restrictions, or conditions that apply to the property, these will be recorded in separate documents.
6. survey plans: These provide a detailed map of the property, including its boundaries and any structures on it.
7. tax certificates: Some provinces may provide tax certificates that detail the property's tax status.

Please note that the availability of these documents can vary by province or territory, and there may be fees associated with obtaining them.

Always consult with a real estate professional, lawyer or notary (in Quebec) to ensure you have all the necessary information when dealing with property transactions.

In Canada, a variety of additional property-related information is available, often through municipal or provincial sources. Here are a few examples:

1. zoning information: Zoning bylaws dictate the use of land for each area within a municipality. This information is typically available through the local city or municipal government’s planning department.
2. environmental assessments: Information about contamination or environmental concerns may be available through provincial environmental agencies or through the Canadian Environmental Assessment Agency.
3. tourism areas: Information about tourism areas can typically be found through provincial tourism departments or local tourism boards.
4. natural dangers: Information about flood risk areas, fire hazard zones, or other natural dangers can often be found through provincial environmental agencies or departments responsible for emergency management. In some provinces, this information may also be available through the land registry.
   
5. heritage properties: If a property is designated as a heritage property, this information is usually available through municipal or provincial heritage registries.
6. property tax information: Local tax assessment offices will have information on property tax assessments and rates.
7. building permits and inspections: Local government offices or websites may provide access to records of building permits and inspections, which can give you an idea of the property’s history of construction and renovations.
8. land use plans: These provide information about the current and future planned use for areas within a municipality. They are typically available through the local city or municipal government’s planning department.

The availability of this information can vary by province or territory and may require a fee to access.

In Canada, information about pending litigation on a property, also known as a lis pendens, can be obtained. This information is usually registered on the title of the property at the Land Registry Office in the province or territory where the property is located. A lis pendens is typically registered when a lawsuit that may affect the title of the property has been filed, such as a claim for a lien, a claim for ownership, or a claim that may affect the use of the property.

Lis pendens is also known as a notice of pendency of action. A notice filed in the public records to indicate that a legal proceeding is pending that asserts a claim against title to or some other interest in real property. The lis pendens must include a legal description of the real property. The claim must involve the real property.

A lis pendens is typically the first step in a suit for foreclosure of a lien affecting real property, such as:

• a mechanic's lien.
• a lender's mortgage lien.
• a lien for unpaid property taxes or common charges.

Provincial or territorial requirements govern the form and contents of a lis pendens and the procedure for filing.

The filer of a lis pendens also serves the property owner with a summons and complaint or other direct notice of the action. A property owner who believes a filer is not entitled to the lis pendens may commence an action to have the lis pendens expunged.

The specifics of accessing this information can vary by province or territory. You may need to request a title search, or it may be included as part of standard property title information. In some cases, there may be a fee involved to access this information.

Remember, while pending litigation information can be crucial, it doesn’t always cover all possible issues. Other forms of due diligence, like a thorough property inspection and review of zoning laws, should also be carried out.