Property ownership, land use and planning
This domain tests how Ontario land is owned, transferred and regulated. Questions target estates and forms of co-ownership, Land Titles versus Registry, encumbrances, condominium and family law overlays, and the planning hierarchy from the Provincial Policy Statement down to the zoning by-law.
Estates, title and tenure
Land is held in fee simple, as a life estate, or as leasehold. Co-ownership is either joint tenancy, which carries the right of survivorship, or tenancy in common, which does not and permits unequal shares. Almost all Ontario land is in the Land Titles system, evidenced by a parcel register keyed to a PIN; the residue is Registry, where the chain of title must be searched back further. Title issues to spot include easements, rights-of-way, restrictive covenants, encroachments, unregistered interests and writs of execution against owners.
Family and condominium layers
A matrimonial home under the Family Law Act gives a spouse rights requiring consent on disposition, so a purchaser should obtain a spousal consent. Condominiums add the Condominium Act, 1998: a unit plus a share of common elements, a reserve fund, and a status certificate that must be obtained and reviewed before the condition expires.
Planning hierarchy
Land use is controlled by the Planning Act. The Provincial Policy Statement sits above the local Official Plan, which sits above the zoning by-law. A minor variance from the Committee of Adjustment relieves a specific by-law requirement; a consent severs or creates a lot; site plan control governs development detail. Appeals go to the Ontario Land Tribunal. Conservation authorities regulate development near water and hazardous land, and the Building Code Act governs construction and secondary suites.
Worked example
A buyer wants a legal basement apartment in a detached house zoned R1. The by-law permits only single-detached use, so the first step is not a building permit but checking the by-law's definition of dwelling unit and its parking requirement. The buyer may need a minor variance or a zoning amendment before a permit issues - and the registrant should never state that the suite is legal.
Traps
- Confusing joint tenancy with tenancy in common on a transfer.
- Giving planning or severance opinions instead of referring to the municipality.
- Ignoring the need for spousal consent.