REAL ESTATE TIMELINES
CH 47 AGREEMENT OF PURCHASE AND SALE
Foreign two- year ban Non-canadians can not buy real estate for 2 years ( homes/buildings up to 3 units, condos,
townhouses, certain vacant land, zoned residential)
exemption : refugees of spouses/common-law of canadians, where non-canadian becomes liable or
assumes liability under a contract of purchase of sale prior to Jan 1, 2023
Deposit Received by Broker Broker must place deposit in its trust account within 5 banking days of receipt.
Examining a title 2 deadlines
1. Title issues: requisition date
2. Certain off-title searches + questions of insurability of ( work orders, present use
can be continued, fire insurance can be obtained) whichever occurs first: a) 30
days after requisition date, b) five days before closing date
Requisition date not specified: 30 days from the start of the contract
Objections going to the root of title Can be submitted at anytime before the registration of the transfer at closing
CH 48 LAND REGISTRATION IN ONTARIO
When documents are deemed to have REGISTRY SYSTEM – when registrar has accepted the documents for registration
been registered LAND TITLES SYSTEM – when instrument and entry is certified by the land registrar or deputy or
assistant deputy land registrar and the time it receipt shall be deemed to be the time of registration
— when instrument was received
Lawyer Acting Jointly for Borrower must make full disclosure of material information to the lender and borrower and to provide final
AND Lender reports to lenders within 60 days of the registration of a mortgage.
CH 49 TITLE SEARCHES
When to do a title search As soon as possible once the agreement of purchase and sale is received
Title Search Period & Commencement REGISTRY SYSTEM:
Date - TITLE SEARCH PERIOD: the conveyancer needs to search for a title for the last 40 years.
- EXCEPTIONS: claims of the crown and some claims arising by possession or
statutory claims
COMMENCEMENT DATE OF 40 YEAR SEARCH: The search will commence on the date that is
40 years prior to the date of the APS
LAND TITLES SYSTEM : no need to conduct 40 year search or chain of title expect for: use in off-title
searches
Finding Root of Title - first conveyance of the freehold estate registered after the commencement date. This
deed becomes the “root of title” and will serve as the starting point for preparing the chain
of title.
- If there is no conveyance of the freehold estate registered after the commencement date,
the conveyancer must go back further in time to the first conveyance registered before the
commencement date, and that deed becomes the root of title.
, REAL ESTATE TIMELINES
Notice period – Expiration of Claims Any rights registered expire 40 yrs from the date of
registration
UNLESS: claimant register a notice of claim
CH 50 LETTER AND ONLINE ENQUIRY SEARCHES
URBAN PROPERTIES
Unregistered hydro (electricity) Within 21 days after receiving a request, the utility company must inform whether such an
easement unregistered right affects the land (and if so, the term & extent of such right).
Waste Disposal Search no land shall be used within 25 years from the use of that land for disposal of waste, UNLESS the
Minister of Env & Climate Change approves.
UNORGANIZED TERRITORIES
Local Roads Board – forfeiture of land If the tax remains unpaid for 2 years or more and remains unpaid for 12 months after mailing of
notice and the secretary treasurer of the board so certifies, the Minister of Natural Resources and
Forestry can declare the land forfeited.
CH 51 SUBDIVISION CONTROL: SECTION 50 OF THE PLANNING ACT
To divide a land – use planning act s. 50
If does NOT comply w s. 50 = no interest in the land
EXCEPTIONS: agreement can survive even if it violates s. 50 if:
1. Breach s.50 of the act
2. Breach can be fixed before closing
3. Agreement contains true condition precedent saying: agreement effective only if s.50 is
complied with
RPS – owner applies to the ministry for an RPS that divides the owners land into blocks/lots/ other
parts
Registered Plan of subdivision (RPS) S. 50 (3) regulates land not on a RPS
- You can not subdivide land that is NOT on RPS unless you obtain a land development
approval
- If land not on RPS can not:
- Transfer land
- Exercise power of appointment
- mortgage/charge land
- Sign agreement of purchase of sale
- Grant long-term rights ( right of way or easement over land in perpetuity, lease
with a term 21 yrs or +, lease with option to renew for six or + yrs, option to
purchase )
EXCEPTIONS TO 50 (3)
a) use only if dealing with whole of land/block on RPS
If land is being conveyed is described in accordance w and is within a registered
plan of subdivision
b) Can sell land that is NOT on RPS if owner fully sells land and does NOT own land
abutting the conveying land ( not allowed to sell part of land and owning abutting
land)
, REAL ESTATE TIMELINES
What is NOT abutting ( touching at a single point, horizontal planes)
EXCEPTIONS TO ABUTTING LAND:
i) Can sell land with abutting land if abutting land is the whole lot/ block on
RPS
ii) Abutting land is within registered description in condo act
iii) The abutting land is an identical parcel that was previously conveyed or
mortgaged with consent under s. 53
c) s. 50 (3) (f) can sell part of the owners land while retaining an interest
in the remainder of abutting land if consent is. 53.
consent expires in 2 years –conditions must be met within 2 years + sold within 2
years after date of consent
d) S. 50 3 b.1-e and g-h
i) B.1 – exception for leases with terms 21-99 years if for affordable housing
units
ii) (c) exception for the acquisition or disposition of land by federal,
provincial, and municipal governments ex. for road-widening purposes.
iii) (d.1)(i) exception where the lands are within a site plan control area and
for which plans or drawings have been approved.
iv) (d.1)(ii) exception for leases of a land lease community home having term
between 21 and 49 years.
v) (d) and (g) acquisition of land or rights in land for the purpose of
transmission lines
vi) (e) exception for the acquisition of land or rights in land for purposes of
flood control, erosion control, bank stabilization, shoreline management,
or the preservation of environmentally sensitive lands
vii) (h) excepts the grant of an easement or covenant under the Conservation
Land Act.
e) Joint tenant abutting lands: no merger on death of joint tenancy now requires no
consent to deal with each land separately
S. 50 (5) regulates plat-lot control within RPS
- Cant’t further subdivide any lot if block on a RPS unless obtain a land development planning
approval
- Cant sell part of the land while owning abutting land unless transaction falls specific
exceptions s. 50 (a -h)
EXCEPTIONS to s. 50 (5)
a) Same as 5 (3) b-h
b) Same as b.1
To deal with part of a lot or block on an RPS, one must retain
- no ownership interest in abutting land (other than ownership of a whole
lot or block within the RPS),
- obtain a consent to the transaction,
- or be dealing with a government.
c) 50 5 (e) can sell the part of the land abutting ( the rest) if gov takes part of the land
( expropriation)
d) 50 (7) municipality can pass by-law that exempts specific lands from part of lot
control of s. 50 (5)
e) 50 (8) VTB– if mortgage covers all the land + selling to seller and NOT third party
f) 50 (9) for long leasing part of the building ( including outdoor spaces, NOT for
leasing just land)
g) S. 50 (10) drainage system agreement
h) S. 50 (11) exception for agriculture rehabilitation + development directorate
, REAL ESTATE TIMELINES
Closing loopholes
S. 50 (15) – CAN NOT subdivide for simultaneous conveyance
S. 50 (16) – CAN NOT subdivide for partial discharge
Exception: particla discharge allowed if:
1. Consent already given OR
2. Land went to crown/gov
3. If partial discharge is for whole lot/block on RPS
S. 50 (18) mortgage can not foreclose on part of land without consent
exception: foreclosure allowed if:
1. Foreclosed land is a whole lot of a plan OR
2. does not touch other mortgaged land
S. 50 (19) mortgage tenants can NOT rearrange ownership to bypass subdivision rules
S. 50 (20) court partision orders need planning consent s. 53
S. 50.1 can not divide land by will – everyone will become tenants in common
Exception: if testator died beore July 26, 1990
S. 50 (12)-13 is land is sold by consent same parcel can be sold again
ONLY transfer to fee simple sticks NOT for mortgage or lease
Deregistering RPS (s. 50(4)) A municipality may deem a plan of subdivision that has been registered for 8 years or more not to be
an RPS.
Note: the plan remains a “plan of subdivision” for all purposes but one: it is now regulated by 50(3),
not 50(5).
Searches of abutting lands to see if DEFAULT start date – June 15, 1967
contraventions of s. 50 3 or 50 5 Before June 15, 1967 — contraventions forgiven
How far back in time must searches of Between June 15, 1967 – June 27 1970 – NOT forgiven. Must look at if by-laws were created
abutting lands search must begin. - Created during time – Act applies
- NOt created during time – Act NOT applies
After June 27, 1970 – Act applies
START DAY SHORTCUTS 1. REGISTRY : 40 YEAR SEARCH, violation before June 15, 1967 does not count
2. LTCQ :
- if parcel registry explicitly says excludes s. 44 (1) start search at: first registration of
LTCQ
- If DOES NOT explicitly exclude then start at: search same as registry
3. Land Titles Absolute: search from June 17, 1967 – planning act violations stick forever
4. Absolute Plus: search only date becomes absolute plus
5. Deed with 3 planning act statements: start at registration of deed. All planning act violations
are cured
6. Curative Provisions: search starts a registration date of plant/description or consent
If any of these are registered
- An RPS
- Condo description
- Consent conveyance
All prior/earlier violations are cured
7. If certificate of title registered: prior defects/violations are cured
CH 53 REQUISITIONS
Requisitions need to be sent at time as stated in the APS
Is buyer misses deadline – loses the right to complain about title
Exception: Root of title and conveyancing requisitions
CH 47 AGREEMENT OF PURCHASE AND SALE
Foreign two- year ban Non-canadians can not buy real estate for 2 years ( homes/buildings up to 3 units, condos,
townhouses, certain vacant land, zoned residential)
exemption : refugees of spouses/common-law of canadians, where non-canadian becomes liable or
assumes liability under a contract of purchase of sale prior to Jan 1, 2023
Deposit Received by Broker Broker must place deposit in its trust account within 5 banking days of receipt.
Examining a title 2 deadlines
1. Title issues: requisition date
2. Certain off-title searches + questions of insurability of ( work orders, present use
can be continued, fire insurance can be obtained) whichever occurs first: a) 30
days after requisition date, b) five days before closing date
Requisition date not specified: 30 days from the start of the contract
Objections going to the root of title Can be submitted at anytime before the registration of the transfer at closing
CH 48 LAND REGISTRATION IN ONTARIO
When documents are deemed to have REGISTRY SYSTEM – when registrar has accepted the documents for registration
been registered LAND TITLES SYSTEM – when instrument and entry is certified by the land registrar or deputy or
assistant deputy land registrar and the time it receipt shall be deemed to be the time of registration
— when instrument was received
Lawyer Acting Jointly for Borrower must make full disclosure of material information to the lender and borrower and to provide final
AND Lender reports to lenders within 60 days of the registration of a mortgage.
CH 49 TITLE SEARCHES
When to do a title search As soon as possible once the agreement of purchase and sale is received
Title Search Period & Commencement REGISTRY SYSTEM:
Date - TITLE SEARCH PERIOD: the conveyancer needs to search for a title for the last 40 years.
- EXCEPTIONS: claims of the crown and some claims arising by possession or
statutory claims
COMMENCEMENT DATE OF 40 YEAR SEARCH: The search will commence on the date that is
40 years prior to the date of the APS
LAND TITLES SYSTEM : no need to conduct 40 year search or chain of title expect for: use in off-title
searches
Finding Root of Title - first conveyance of the freehold estate registered after the commencement date. This
deed becomes the “root of title” and will serve as the starting point for preparing the chain
of title.
- If there is no conveyance of the freehold estate registered after the commencement date,
the conveyancer must go back further in time to the first conveyance registered before the
commencement date, and that deed becomes the root of title.
, REAL ESTATE TIMELINES
Notice period – Expiration of Claims Any rights registered expire 40 yrs from the date of
registration
UNLESS: claimant register a notice of claim
CH 50 LETTER AND ONLINE ENQUIRY SEARCHES
URBAN PROPERTIES
Unregistered hydro (electricity) Within 21 days after receiving a request, the utility company must inform whether such an
easement unregistered right affects the land (and if so, the term & extent of such right).
Waste Disposal Search no land shall be used within 25 years from the use of that land for disposal of waste, UNLESS the
Minister of Env & Climate Change approves.
UNORGANIZED TERRITORIES
Local Roads Board – forfeiture of land If the tax remains unpaid for 2 years or more and remains unpaid for 12 months after mailing of
notice and the secretary treasurer of the board so certifies, the Minister of Natural Resources and
Forestry can declare the land forfeited.
CH 51 SUBDIVISION CONTROL: SECTION 50 OF THE PLANNING ACT
To divide a land – use planning act s. 50
If does NOT comply w s. 50 = no interest in the land
EXCEPTIONS: agreement can survive even if it violates s. 50 if:
1. Breach s.50 of the act
2. Breach can be fixed before closing
3. Agreement contains true condition precedent saying: agreement effective only if s.50 is
complied with
RPS – owner applies to the ministry for an RPS that divides the owners land into blocks/lots/ other
parts
Registered Plan of subdivision (RPS) S. 50 (3) regulates land not on a RPS
- You can not subdivide land that is NOT on RPS unless you obtain a land development
approval
- If land not on RPS can not:
- Transfer land
- Exercise power of appointment
- mortgage/charge land
- Sign agreement of purchase of sale
- Grant long-term rights ( right of way or easement over land in perpetuity, lease
with a term 21 yrs or +, lease with option to renew for six or + yrs, option to
purchase )
EXCEPTIONS TO 50 (3)
a) use only if dealing with whole of land/block on RPS
If land is being conveyed is described in accordance w and is within a registered
plan of subdivision
b) Can sell land that is NOT on RPS if owner fully sells land and does NOT own land
abutting the conveying land ( not allowed to sell part of land and owning abutting
land)
, REAL ESTATE TIMELINES
What is NOT abutting ( touching at a single point, horizontal planes)
EXCEPTIONS TO ABUTTING LAND:
i) Can sell land with abutting land if abutting land is the whole lot/ block on
RPS
ii) Abutting land is within registered description in condo act
iii) The abutting land is an identical parcel that was previously conveyed or
mortgaged with consent under s. 53
c) s. 50 (3) (f) can sell part of the owners land while retaining an interest
in the remainder of abutting land if consent is. 53.
consent expires in 2 years –conditions must be met within 2 years + sold within 2
years after date of consent
d) S. 50 3 b.1-e and g-h
i) B.1 – exception for leases with terms 21-99 years if for affordable housing
units
ii) (c) exception for the acquisition or disposition of land by federal,
provincial, and municipal governments ex. for road-widening purposes.
iii) (d.1)(i) exception where the lands are within a site plan control area and
for which plans or drawings have been approved.
iv) (d.1)(ii) exception for leases of a land lease community home having term
between 21 and 49 years.
v) (d) and (g) acquisition of land or rights in land for the purpose of
transmission lines
vi) (e) exception for the acquisition of land or rights in land for purposes of
flood control, erosion control, bank stabilization, shoreline management,
or the preservation of environmentally sensitive lands
vii) (h) excepts the grant of an easement or covenant under the Conservation
Land Act.
e) Joint tenant abutting lands: no merger on death of joint tenancy now requires no
consent to deal with each land separately
S. 50 (5) regulates plat-lot control within RPS
- Cant’t further subdivide any lot if block on a RPS unless obtain a land development planning
approval
- Cant sell part of the land while owning abutting land unless transaction falls specific
exceptions s. 50 (a -h)
EXCEPTIONS to s. 50 (5)
a) Same as 5 (3) b-h
b) Same as b.1
To deal with part of a lot or block on an RPS, one must retain
- no ownership interest in abutting land (other than ownership of a whole
lot or block within the RPS),
- obtain a consent to the transaction,
- or be dealing with a government.
c) 50 5 (e) can sell the part of the land abutting ( the rest) if gov takes part of the land
( expropriation)
d) 50 (7) municipality can pass by-law that exempts specific lands from part of lot
control of s. 50 (5)
e) 50 (8) VTB– if mortgage covers all the land + selling to seller and NOT third party
f) 50 (9) for long leasing part of the building ( including outdoor spaces, NOT for
leasing just land)
g) S. 50 (10) drainage system agreement
h) S. 50 (11) exception for agriculture rehabilitation + development directorate
, REAL ESTATE TIMELINES
Closing loopholes
S. 50 (15) – CAN NOT subdivide for simultaneous conveyance
S. 50 (16) – CAN NOT subdivide for partial discharge
Exception: particla discharge allowed if:
1. Consent already given OR
2. Land went to crown/gov
3. If partial discharge is for whole lot/block on RPS
S. 50 (18) mortgage can not foreclose on part of land without consent
exception: foreclosure allowed if:
1. Foreclosed land is a whole lot of a plan OR
2. does not touch other mortgaged land
S. 50 (19) mortgage tenants can NOT rearrange ownership to bypass subdivision rules
S. 50 (20) court partision orders need planning consent s. 53
S. 50.1 can not divide land by will – everyone will become tenants in common
Exception: if testator died beore July 26, 1990
S. 50 (12)-13 is land is sold by consent same parcel can be sold again
ONLY transfer to fee simple sticks NOT for mortgage or lease
Deregistering RPS (s. 50(4)) A municipality may deem a plan of subdivision that has been registered for 8 years or more not to be
an RPS.
Note: the plan remains a “plan of subdivision” for all purposes but one: it is now regulated by 50(3),
not 50(5).
Searches of abutting lands to see if DEFAULT start date – June 15, 1967
contraventions of s. 50 3 or 50 5 Before June 15, 1967 — contraventions forgiven
How far back in time must searches of Between June 15, 1967 – June 27 1970 – NOT forgiven. Must look at if by-laws were created
abutting lands search must begin. - Created during time – Act applies
- NOt created during time – Act NOT applies
After June 27, 1970 – Act applies
START DAY SHORTCUTS 1. REGISTRY : 40 YEAR SEARCH, violation before June 15, 1967 does not count
2. LTCQ :
- if parcel registry explicitly says excludes s. 44 (1) start search at: first registration of
LTCQ
- If DOES NOT explicitly exclude then start at: search same as registry
3. Land Titles Absolute: search from June 17, 1967 – planning act violations stick forever
4. Absolute Plus: search only date becomes absolute plus
5. Deed with 3 planning act statements: start at registration of deed. All planning act violations
are cured
6. Curative Provisions: search starts a registration date of plant/description or consent
If any of these are registered
- An RPS
- Condo description
- Consent conveyance
All prior/earlier violations are cured
7. If certificate of title registered: prior defects/violations are cured
CH 53 REQUISITIONS
Requisitions need to be sent at time as stated in the APS
Is buyer misses deadline – loses the right to complain about title
Exception: Root of title and conveyancing requisitions
