Ontario
Question:
Mr. and Mrs. Jones buy a property and receive a deed from the sellers, which they take to Registry Office and register in the Registry System.
Does this now mean they are the legal owners of the property? Consider the following proposed responses:
(A) Yes, once the deed is registered on title, there is proof of their ownership for everyone who searches the title to see.
(B) Maybe, or maybe not. There are several legal reasons why the deed may not have transferred title.
Answer:
Both answers are correct. Because the Deed was registered under the Registry system, there is no certification of title. So, prima facie, that means that they would not necessarily be the new owners.
The Deed may contain errors, it may have been falsified. It could have been obtained fraudulently, it which case, it could be set aside.
Brian Madigan LL.B., Broker