Overview Of Transferors And Transferees

This chapter provides an overview of the registrar’s requirements for:

1. establishing the identity of individual transferors and transferees, including infants and patients;
2. verifying the status of corporate transferors and transferees, including their incorporation or registration and their current existence; and
3. specifying the requirements that apply to individual and corporate transferors in executing instruments that are to be presented to the registrar for registration.

The Land Title Act and regulations include detailed requirements for transferors in the preparation, execution, and witnessing of instruments. These requirements are set out in:

1. Part 5 of the Land Title Act (ss. 41 to 50), which sets out the requirements for attestation and proof of execution of instruments; and
2. For electronic land title forms, see E-filing Directions v. 1.9, available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced in chapter 70 (Director’s Directions).
3. For hardcopy land title transfer forms, see Hardcopy Land Title Forms (DR 04-11) at ltsa.ca.

The material in this chapter does not generally repeat information found in Part 5 of the Act or the Land Title Web Filing Form Practice Guides. It is also not exhaustive. Readers are reminded to examine original sources in determining whether specific evidence is likely to comply with the registrar’s requirements.