In Ontario, to act on real estate transaction, lawyers must be officially registered with the Director of Land Registration Part to be able to search, amend and add to Ontario’s electronic land registration system.
Real estate lawyers in Ontario, when acting for a purchaser on a real estate transaction often perform a “title search” for their clients by pulling a property’s records from it’s “parcel register” on Ontario’s electronic land registration system and comb through all of the instruments registered on the parcel register. This is done to ensure that there aren’t any blatantly obvious title defects that could create a barrier to having a clear title of ownership.
An example of a barrier to having a clear title of ownership is a restrictive covenant, which according to the Black’s Law Dictionary, is a written agreement that limits the use of property for specific purposes and regulates the structures that may be built on it. Sections 118 and 119 of the Land Titles Act of Ontario allows for the registration of restrictive covenants. Section 118 allows an owner to impose restrictions with respect to transferring or mortgaging lands it owns, whereas Section 119 allows an owner to impose restrictions to prohibit building on a land, or otherwise control how it can or cannot be used.
If you need legal representation for a real estate transaction, it’s important that you retain a lawyer as early on in the process to ensure that your rights are protected. For a consultation, contact Zeeshan S. Baig, Barrister & Solicitor at 1-(800)-643-3062.
Disclaimer: The foregoing is not legal advice, but is provided for information purposes only.