British Columbia Spring 2020

Proof of ownership is a legal document
that assures you and other family members
protection, while providing conclusive
evidence of property ownership.
“In Canada, ownership of land is established
by registering a document in the provincial
or territorial land registry. In the provinces
of Newfoundland and Labrador, Prince
Edward Island, Ontario and Quebec, the
document is called a certificate of land
title. In deed registry provinces, the deed
contains the names of the seller(s) and the
buyer(s), and a description of the land being
sold or conveyed. Where a province uses a
certificate of title to record ownership, the
document contains only the name of the
purchaser together with a description of
the property and any restrictions on the use
of the land. These documents are matters
of public record and anyone has a right,
sometimes upon payment of a fee, to consult
the registers or conveyance books to see
who owns what land.
All Canadian jurisdictions require that the
transactions regarding land ownership be
All Canadian
jurisdictions
require that the
transactions
regarding land
ownership be
registered or
recorded in
their registry or
land titles office
registered or recorded in their registry or land
titles office. This is the only way to establish
conclusive proof of land ownership. Verbal
agreements or understandings or promises
about land ownership hold no weight in
the argument about who is entitled to what
assets that usually occurs when there is a
fight among heirs to an estate of a deceased.
If Great-Aunt Hattie promises you her home
after her death but neglected to put her
promise to her Will, you will have a difficult
time establishing your right to the house if
there is a challenge after Great-Aunt Hattie
has left this world.”
Any unexpected situation can arise that may
catch families by surprise. It is important
to ensure certificates of land title confirm
ownership of sellers. Proof of Ownership
offers protection for buyers and sellers alike.
Excerpt written with permission from the
authors of “Mortgage Smarts” published
by and available from Friesen Press.
Awarded the 2017 Independent Publisher
Book Awards Silver Medal in the “Finance,
Investment & Economics” category.
REAL HOME ADVICE
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