Under Ontario's Land Titles Act, what happens when there is a conflict between a registered owner and someone claiming adverse possession?
Correct Answer
C) The registered owner's title is generally protected against adverse possession claims
Under the Land Titles system in Ontario, registered ownership is generally protected against adverse possession claims. The system's guarantee of title means that registration typically defeats claims based on possession, unlike under the Registry system where adverse possession claims could succeed.
Why This Is the Correct Answer
Option C is correct because Ontario's Land Titles Act establishes a system of indefeasible title where registration provides conclusive proof of ownership. The Act specifically protects registered owners against adverse possession claims, unlike the Registry system. Section 44 of the Land Titles Act states that registration is conclusive evidence of title, and the system's guarantee means that possession alone cannot defeat a registered interest. This protection is fundamental to the Land Titles system's purpose of providing certainty and security in real estate ownership.
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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?
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Under Ontario's Land Titles Act, which of the following interests would typically NOT appear on a certificate of title?