Transfers
For a BOTH title - can we transfer just the minerals or the surface?
Yes.
What is the importance of clause 7 (interest held by the debtor) contained in the Form S?
If 'registered owner' or 'fee simple' is specified, the debtor MUST be the current registered owner on title.
if 'owner' is specified, the debtor need not be the registered owner - as they could be the owner of a registered/unregistered interest.
How can all current owners change from one tenancy to another on a title?
A Transfer of Land
Changing from one tenancy to another requires a transfer executed by all owners.
NOSI - Does the debtor have to be the registered owner of the land?
No.
Can an unregistered POA be revoked?
Yes
A revocation of an unregistered POA may be registered - It is referenced in the Index - and if a legal description is provided, a memorandum is entered on title (ALTA code REVN)
What is lowest fractional interest one can hold for a Mineral title?
1/20
The Registrar may refuse instruments disposing of undivided fractional mineral interests that are smaller than 1/20.
What are 2 items that can be amended on a WRIT
The clerk of the court may authorize correction of:
1-Incorrect action #.
2- Amount
(ALTA code is AMEW)
A corporation can be a joint tenant, and subsequently 'die.' What can be done to remove the 'dead' joint tenant?
The Statutory Declaration of Surviving Joint Tenant can be modified, and evidence is attached from the Registrar of Corporations (or proper government official) establishing that the corporation no longer exists.
NOSI - When can a registration be made for a mobile home?
If they do not own the land, the security interest can be registered in the Personal Property Registry, not Land Titles.
Can an attorney grant a further power of attorney?
No, they can't unless the original POA specifically authorizes it.
Mineral title - what do you look for to verify it has been certified?
Check for the asterisk (*) on the statement concerning the minerals included for the description of land.
What can be accepted to discharge a Writ? Name 2 of the 4.
1- Judge's Order
2- Evidence from the clerk of the court showing expiration, satisfaction, or withdrawal of the writ
3- A discharge executed by the enforcement creditor (attestation requirement must be complied with)
4-** if the creditor is a partnership - an affidavit must be amended to reflect that the signatory is, in fact, one of the named partners.
Tenants in Common - if no proportionate interest was defined at the time of registration of the Transfer of Land, can it be clarified after the fact?
Yes.
The tenants may declare their proportionate interest by way of a stat. dec. signed by all the co-owners.A transfer is not appropriate as the interest is only being clarified.
TEN-2, page 1.a)
NOSI - What cannot be registered with LTO for a NOSI?
Livestock.
"Future type" claims cannot be registered.
Can a Power of Attorney transfer to themselves?
The Power of Attorney can not transfer to themselves or to an agent acting on their behalf unless the POA specifies that they may.
Affidavit re Value of Land Form 32 is a prescribed form - what must be included (not looking for what is to be completed)
Must state the definitions of *land and **value.
Must also be sworn within 2 years of submission.
How many days are indicated in WRE-1 that a person must wait after having sent the Notice with intention to lapse to the creditor?
60 days
What are the 3 methods that Joint Tenancy can be severed?
1- Transfer executed by all the JTs
2- Transfer executed by less than all JTS with written consent from the non-executing JTs.
3- Transfer executed by less than all JTs with affidavit of service showing that non-executing JTs were served personally or substitutionally per a court order (to be attached)
Postponements:
Is a court order issued by the clerk of the court acceptable for postponing registered interests on title?
Yes.
A certified copy of a court order issued by the clerk of the court is acceptable. It must clearly direct the Registrar to postpone one specific registered interest to another and identify the legal description and instrument numbers being altered.
ALTA entry POST; PF16 "RE: ORDER"
For old enduring POAs, where are we likely to find the reference to real property?
Real property is usually referenced in the notes.
Must the Transfer of School District letter be an original?
No, it may be a photocopy
What is the date to remember when verifying whether a Writ can be expired?
Expiry of a Writ apply to those registered prior to January 1, 1996.
Writs after the date above can not be expired.
If the two Joint Tenants on title die at the same time or that the order of death cannot be determined - is their tenancy affected?
Yes, they are deemed to be tenants in common.
If the title has 3 joint tenants, and 2 die at the same time, survivorship still applies and the 2 are removed by the submission of an ASJT for each person.
There are no provisions to discharge a postponement.
-We would accept and register another postponement to restore original priorities - the second postponement is registered as a discharge of the first to avoid confusion.
-A postponement endorsement 'falls off' the title when all the documents it had affected are removed.
When a POA doesn't include the new affidavit, what must be included?
Notes, and legal advice.
New or old affidavit can be provided.