Proof of Ownership

Proof of Ownership

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. Indeed 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 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 the ownership of sellers.  Proof of Ownership offers protection for buyers and sellers alike.

An excerpt is 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.

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