LGMA Approving Officer Workshop. June 11, 2013 Tim Jowett, Deputy Registrar for New Westminster Land Title Office, Linden Fritsch, BCLS

Transcription

1 LGMA Approving Officer Workshop June 11, 2013 Tim Jowett, Deputy Registrar for New Westminster Land Title Office, Linden Fritsch, BCLS

2 Agenda The role of the Land Title Office in reviewing plans Automation of forms Defect notices and common defect reasons Correcting plans Online help references Electronic Title, Plan and Charge Updates myltsa Customer Portal Customer Service Centre 2

3 The Land Title Office s Role in Reviewing Plans Land Title Office (LTO) Examiners of Title ensure that a good, safe holding and marketable title results from the registration of the plan Technical aspects of survey plans, such as mathematical closures, are not reviewed by LTO staff Land Surveyors confirm the technical requirements on the Electronic Plan Checklist overseen by the Association of British Columbia Land Surveyors 3

4 The LTO s role in Reviewing Plans Some information that Examiners confirm on all plans includes: The plan heading is accurate, clear and concise The lands noted in the plan heading are the lands delineated on the plan The original natural boundary according to the parent plan and the present natural boundary are labeled where applicable All required approvals and consents are provided 4

5 The LTO s Role in Reviewing Plans Some information that Examiners confirm specific to fee-simple plans are: Lack of significant non-conformities between the exterior distances of the parent plan in relation to distances depicted on the new plan The lands dealt with on the plan do not include lands excluded from the crown grant, such as roads or water areas The boundaries of existing statutory rights of way, easements and covenants are ghosted on the plan 5

6 Automated Examination The examination and registration of the least complex Land Title Act Forms (Forms A and B and Form C - Release) has been automated using hundreds of LTOdesigned decision rules There are no plans to automate the registration of survey plan submissions due to their variability and complexity 6

7 Electronic Defect Notices Defect notices are issued electronically by the LTO and sent to the submitter s BC OnLine inbox, and (if option chosen) For example, if a registry agent submits an application package via the LTSA portal on BC OnLine on behalf of the applicant, the registry agent will receive the defect notice electronically via BC OnLine 7

8 Common Defect Reasons Pertaining to Plan Package Submissions Issues with the practice of including the s. 219 Covenant statement on plans and documents Explanatory plans not being pre-approved Notations on electronic plans and the required corresponding signatures on the electronic plan application The lack of common ownership on fee-simple plans The application for a charge in item 3 not corresponding to the grant of the charge Not following the published guidance in the Land Title Practice Manuals or the Electronic Forms Guidebook 8

9 Inclusion of s. 219 Covenant Statement on Plans and Documents This practice need only be followed in the event an Approving Officer is not comfortable with the applicant s undertakings to submit the s. 219 covenant concurrently with the plan Land surveyors should only add the s. 219 covenant statement to the plan at the specific request of the Approving Officer If the statement appears on the plan, there must be the accompanying statement on the electronic plan application where the owners acknowledge they have entered into the covenant(s) The Approving Officer must also sign the covenant document(s) denoting that this is the covenant referred to on the plan 9

10 S. 219 Covenant Statements Statement on electronic plans A Covenant [or: {insert number} Covenants] in the name of pursuant to Section 219 is a condition of approval for subdivision Corresponding statement on electronic plan application The registered owner(s) designated hereon declares that he/she has entered into a (insert number of covenants if applicable) covenant(s) in favour of [name of covenantee(s)] under Section 219 of the Land Title Act. Corresponding statement on s. 219 covenant document This is an instrument required by the Approving Officer for subdivision Plan EPP creating the condition or covenant entered into under s.219 of the Land Title Act. [Signature] Approving Officer [Fill in name of Approving Officer] 10

11 Explanatory Plans LTOs will pre-approve explanatory plans Land surveyors send a draft version of the explanatory plan to the LTO to rule on The Registrar prefers a reference plan but will accept an explanatory plan as long as No known survey discrepancies exist The new boundaries do not contain excessive curves or jogs and are not affected by a natural boundary The Registrar is of the opinion that a survey is not required to establish the location of the boundaries on the ground The parent plan is not based on a description or explanatory plan 11

12 Notations on Plans and Corresponding Signatures on Electronic Plan Application A notation is required on the plan whenever an approver is required to approve an electronic plan For example, when an Approving Officer approves a subdivision plan, the approval statement signed by the approving officer on the related electronic plan application reads as follows Plan EPP Approved under the Land Title Act on [date]. [signature] [fill in name of Approving Officer s title] [name of municipality, or as the case may be] When an Approving Officer has approved an electronic plan, the following notation must appear on the plan image This plan lies within the jurisdiction of the Approving Officer for [insert jurisdiction] 12

13 LTSA Table of Concordance The Table of Concordance published on the LTSA website sets out the specific requirements pertaining to electronic plans, including what notations are required to be shown on the plan image and the related signature statement requirements on the electronic plan application. It also includes the applicable statutory and General Survey Instruction Rule references. It can be accessed at: 13

14 Common Ownership on Fee-Simple Plans Pre-plan transfers are required in order to establish common ownership where subdividers are acquiring additional land and adding it to an existing parcel(s) Common ownership is also required for charges that have a power of sale, such as a mortgage. This is because s. 73 of the Land Title Act prohibits such a charge from only charging part of a lot, as a foreclosure would result in a subdivision 14

15 An Application for Charge Must be Consistent with Grant of Charge An applicant applies for a charge in item 3 of Form C The grant of the charge in the terms of instrument, Part 2, must be consistent with the application For example, it is inconsistent to apply in item 3 for a statutory right of way over a part on a plan where the grant of the statutory right of way in Part 2 of the terms is over the whole of the lands 15

16 Land Title Practice Manuals and the Green Book The Continuing Legal Education Society publishes the Land Title Practice Manual and the Land Title Electronic Forms Guidebook, commonly known as the Green Book The Land Title Practice Manual (LTPM) consists of 3 volumes and includes statutes such as the Land Title Act, Local Government Act, Community Charter and various other statutes pertaining to land title practice LTPM also includes practice information and case law specific to the statute The Green Book provides detailed instructions for the completion of every electronic form The LTPM and the Green Book can be purchased through The Continuing Legal Education Society 16

17 Making a Plan Alteration to a Pending Plan The land surveyor will: 1. Amend the plan image to reflect the desired changes 2. Prepare a new Survey Plan Certification (SPC) with identical information and certification to the original plan 3. Click the alteration box in item 4 on the form and enter the original LTO document reference number (the first CA number on the Application to Deposit Plan) and the control number from the original SPC 4. Briefly describe the nature of the amendment in the box provided 5. Electronically sign the SPC and resubmit the plan if they are the applicant. If the land surveyor is not the applicant, they will forward the SPC/plan to the applicant who submitted the initial package and they will resubmit it 17

18 Making a Plan Alteration to a Pending Plan The new SPC will have a new control number, but as long as the correct LTO document reference number and control number from the original SPC is entered in item 4 of the new SPC, the new plan will replace the original and become the new version of the plan As noted above, each time an amendment is done a new SPC is required which generates a new control number Every amendment will always reference the original LTO document number and control number from the original SPC. The differing control numbers provide an audit trail for each amendment 18

19 Making a Correction to a Registered Plan Registered plans may be corrected pursuant to Land Title Act s. 106 The following editorial notes from the LTPM pertain to s. 106 applications: Satisfactory Evidence of Error [ 7.365] An example of satisfactory evidence of an error is a statutory declaration made by: (1) the British Columbia land surveyor who made the survey shown on the plan; (2) the subsequent holder of the surveyor s records; (3) the Surveyor General; or (4) the surveyor who finds the error, in circumstances where the error is obvious and the original surveyor is not practising or is dead, setting out the particulars of the error and requesting the registrar to correct the plan. Consent of Affected Owners [ 7.366] The registrar may serve notice on, or require consents from, the owners of parcels that may be affected by the correction (including owners of adjacent or abutting parcels). The registrar usually requires signatures of all owners where corrections involve boundary adjustments. 19

20 Online Sources of Help Online Tutorials - help.ltsa.ca/cms/video-tutorials Surveyor General Division - Manuals - CLE Publications - Directions to Land Surveyors - Circular letters - Land Title Matters subscribe by ing update@ltsa.ca LT Practice Bulletins - LT Practice Notes - Green Book - EFS User s Guide - help.ltsa.ca/cms/web/help/efs-users-guide Electronic Plan Application Help Guide - help.ltsa.ca/cms/submitting-a-plan-totheland-title-office Director s Requirements

21 Title, Charge and Plan Updates (aka Tax Authority Notifications) Title, charge (e.g. leasehold interests), and plan updates are sent to tax authorities by the LTSA All 3 products are provided to local governments to maintain tax rolls (not to be used for any other purpose) All 3 updates can now be received electronically, daily, and directly from the LTSA at no cost (avoid $1.50 BC OnLine fee for plan updates currently received) New LTSA plan updates are PDFs for better printing/scaling (no need to scan plan) To sign up for electronic updates, contact: Lea.Tkatch@landsure.ca 21

22 myltsa Customer Portal The LTSA is creating its own Electronic Search and Filing Services portal known as myltsa Moving off BC OnLine by May 1, 2014 Making improvements to inbox, billing statements, navigation and account administration All based on customer advice and feedback We ll keep all customers apprised of the transition period LTSA will work with local governments to assist with the transition For more information on myltsa, contact: 22

23 Customer Service Centre Customers are encouraged to contact our Customer Service Centre with any questions The hours of operation are Monday Friday from 8:00 AM to 4:30 PM Call toll-free at LTSA (5872) or in the Greater Vancouver area 23