A person claims to be the true owner of land in Ontario's Land Titles system, but someone else is shown as the registered owner. What is the general position under the Land Titles Act?
Correct Answer
D) The register generally governs, subject to fraud and court rectification
Under the Land Titles Act, a registered instrument is deemed embodied in the register and effective according to its terms (s. 78(4)), so the register generally governs. It is not absolute: a fraudulent instrument registered on or after October 19, 2006 does not get that effect (s. 78(4.1)), a court may order the register rectified (ss. 159 and 160), and some interests, such as subsisting easements, bind registered land without appearing on the register (s. 44(1)).
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Under Ontario's Land Titles Act, what happens when there is a conflict between a registered owner and someone claiming an unregistered interest?
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