Understanding the Ontario Land Registry Office (Part Two): The Registry and Land Titles Systems

If you missed our previous blog post on the fundamental roles of the Land Registry Office (LRO), we encourage you to review it [here].

The Difference Between the Registry System and the Land Titles System

Ontario has two distinct systems for registering property documents: the Registry System and the Land Titles System. These systems are governed by two different pieces of legislation: the Registry Act and the Land Titles Act. Your property records will be stored under one of these systems, and understanding the distinction is crucial for every property owner.

The Registry System

The Registry System was the only means of registering land ownership in Ontario until the 1970s. The issue with this system was that it acted as a claim to a property rather than a legal filing system. This approach had its disadvantages for two reasons:

1. Interpretation Issues: Documents under the Registry System can be interpreted in various ways by different parties and leaving land ownership open to interpretation. This issue led to:
2. Squatters' Rights: More formally known as Adverse Possession, where someone other than the property owner could claim rights over the land due to long-term occupation.

The Land Titles System

When the Land Titles System was introduced in the 1970s, it provided better protection to landowners by offering the following securities:

1. Guaranteed Property Rights: Properties registered under the Land Titles Act include deeds that guarantee rights to the property owner.
2. Thorough Examination: Documents are meticulously examined by lawyers and LRO staff to ensure the accuracy and legality of the property’s title, minimizing wrongful claims.
3. Protection Against Adverse Possession: The Land Titles System makes it significantly more difficult for adverse possession claims to succeed, providing better security for landowners.

How Can I Find Out Which System My Property is Registered Under?

Protect Your Boundaries can provide you with a copy of your Parcel Register, which contains your property’s legal information. Within this document, under the heading titled "Estate/Qualifier," you will find one of two terms that indicate whether your property falls under the Land Titles Act:

1. Absolute: This term signifies perfect titles and outright ownership, typically applied to properties developed after the conversion process to the Land Titles System.
2. Conversion Qualified: This term is used for properties that were initially registered under the old Registry System but have since been converted to the new Land Titles Act. The Parcel Register will specify the date on which the land was converted to the new system.

At this time, almost all properties in Ontario have been converted to the new Land Titles System, so most homeowners do not need to worry about someone claiming ownership of their property. The best way to confirm your title status is to obtain a copy of your parcel register.

For more information on Adverse Possession you can read our Homeowners Guide to Adverse Possession.