Tanveer Miglani – Course 1 Notes

Course 1 - Module 1: Regulatory Environment:

 3 levels of organized real estate in Canada:

o CREA
 The National organization for members throughout Canada
 Focuses on national and international representation of the Canadian Real Estate Industry
 Owns the Trademarks for “MLS”, “REALTOR”, and Realtor.ca
o OREA
 Provincial Level body that represents registrants
 Maintains a strong provincial lobbying voice for REALTOR trademark
 Providing downloadable forms and clauses
 Offering savings programs
 Informing members of industry news
o LOCAL REAL ESTATE BOARDS AND ASSOCIATIONS
 Local boards act as industry representatives for a local area or region.
 Dues paid to CREA and OREA by local boards allows brokers and salespersons to be registered
with CREA and OREA in order for registrants to refer to themselves as REALTORS.
 Local boards and associations may hold membership with only CREA and not both bodies.
 Services provided by local boards and associations include access to MLS and local market
information and data reports.
o Additional Industry Associations:
 REIC – Real Estate Institute of Canada
 Provides advanced education and specialty designations:
o FRI – Fellow of the Real Estate Institute
o CPM – Certified Property Manager
o CLO – Certified Commercial leasing Officer
o ARM – Accredited Residential Manager
 CCIM – Certified Commercial Investment Manager
 CCIM designation awarded after completing graduate level courses based on advanced
concepts in Commercial Real Estate
o 4 core skills required:
 Financial analysis
 Market analysis
 User decision analysis
 Investment analysis relating to commercial investment properties
 SIOR – Society of Industrial and Office REALTORS
 International organization of commercial and industrial practitioners
 Dedicated to maintenance of high professional standards in the fields of industrial and
office Real Estate.
 REBBA: Real Estate and Business Brokers Act
o REBBA provides a framework for the responsive regulation of the real estate profession to protect
consumers and ensure the integrity of real estate transactions is upheld.
o In Ontario, the Ministry of Government and Consumer Services is responsible for REBBA.
o Under REBBA, the word registrant refers to any individual or brokerage that is registered to trade in real
estate.
Tanveer Miglani – Course 1 Notes

oCode of Ethics for real estate trading in Ontario is set by REBBA.

 Fairness and Honesty
 Conscientious and competent service
 Services from others
 RECO: Real Estate Council of Ontario
o RECO administers REBBA on behalf of the provincial government.
o RECO registers brokerages and individuals brokers and salespersons to trade in real estate and ensures
registrant activities adhere to consistent standards across real estate trades throughout Ontario.
 Helps build and maintain public trust in Real Estate Industry in Ontario
o While the Ministry of Government and Consumer Services is responsible for REBBA, it is RECO’s role to
interpret, enforce, and suggest modifications to the legislation.
o RECO works in the public interest by
 Enforcing the standards to obtain and maintain registration.
 Establishing education standards for registration, post-registration, broker education, and
continuing education.
 Establishing and administering insurance requirements, which include consumer deposit
protection.
 Addressing inquiries, concerns, complaints about the conduct of a brokerage, broker, or
salesperson and taking appropriate action.
 conducting inspections of brokerages to ensure compliance with REBBA and to educate brokers of
record.
 Being the source of consumer protection education and information for sellers and buyers
involved in real estate transactions.
o RECO’s regulation of trading in real estate;
 Trading includes any activity, such as listing a property for sale, showing a property to a buyer,
negotiating an offer for a seller or a buyer, or any act, advertisement or conduct that would
further any purchase, sale, exchange, option, lease, or rental of a property.
o 5 CATEGORIES OF REAL ESTATE PROFESSIONALS:
 Registrant: All brokerages, brokers, and salespersons registered under REBBA are defined as
registrants. There are three registration categories permitted under REBBA: Brokerage, Broker,
and Salesperson. REBBA also requires the brokerage to designate a broker within the brokerage as
the broker of record.
 Brokerage: A corporation, partnership, or sole proprietorship that trades in real estate on behalf
of others for compensation or reward, or expectation thereof.
 Agreements to represent or provide services to a seller or a buyer relating to a trade in
real estate are with the brokerage, and not the individual broker or salesperson.
 Broker: A broker is an individual who ahs the prescribed qualifications to be registered as a broker
under REBBA and who is employed by a brokerage to trade in real estate.
 Salesperson: A sales person is a individual with the prescribed qualifications to be registered as a
salesperson under REBBA and who is employed by a brokerage to trade in real estate. To obtain
registration as a salesperson, the individual must successfully complete the Real Estate
Salesperson Program. Within the first two years of registration, additional educational
requirements must be fulfilled to maintain registration as salesperson.
 Broker of Record: All Brokerages are required to have a broker of record. This individual is a
broker who is designated by the brokerage to ensure compliance with REBBA. In the case of a
Tanveer Miglani – Course 1 Notes

brokerage that is a corporation or partnership, a broker of record can be any broker employed by
the brokerage. For a sole proprietorship the broker of record must be the sole proprietor. The
broker of record is responsible for all activities of the brokerage, including all brokers,
salespersons, and all other employees of the brokerage.
 Under REBBA, the broker of record has ultimate responsibility for the brokerage
operations. A salesperson may report to direct manager who is other than the broker of
record in a case where a brokerage has multiple offices, while employing only one broker
of record who cannot be present everywhere at all times. In this and similar cases the
Broker on record can be involved remotely to make certain that strict standards of
conduct are being upheld and that appropriate support is available to all sales and admin
staff regardless of experience level.

o Salesperson’s Activities in Residential Real Estate Transactions:
 Representing the Seller: Listing agreement signed by salesperson on behalf of Brokerage

1. Listing the property

 Seller will rely on salesperson’s advice on pricing and information used for listing
property.
 Ultimate pricing decision is the seller’s (DO NOT OVERCOMMIT ON LISTING PRICE
as it can lead to seller being dissatisfied and ending relationship)
2. Marketing the property
 Create marketing plan to present to seller which includes
i. Unique aspects of property
ii. Requirements of the seller (i.e. desired closing date, desired price offers,
etc.)
 Typically all advertising of property is paid for by salesperson
 Marketing plan must include
Tanveer Miglani – Course 1 Notes

i. outline of promotional material to be used

ii. identifies target market
iii. types of media expected to be used (i.e. print media, social media)
iv. a list and schedule of when specific marketing activities will occur
v. a list of special publicity and advertising agreed upon for the specific
listing
3. Prospecting
 Involves searching for qualified buyers
i. Techniques include
1. Salesperson introducing self to neighbors and advising of home
for sale
2. Distributing flyers to neighborhood, keeping flyers with “For Sale”
sign, having copies of listing readily available and on hand.
3. Ensuring other agents in brokerage and network are aware of
listing in case they are working with buyers who are looking for
property similar to your listing.
4. Preparing the property to be shown
 Request for viewing may come very quickly therefore property must be ready
 Repairs and maintenance should be completed before listing preferably and most
definitely before the first showing.
 Be familiar with all aspects of the property to be able to showcase it as if it was
your own home. (i.e. know where all the light switches are and closet space of
each room)
5. Presenting an offer:
 Analysing offer
 Guiding seller through the present offer(s) and negotiation
 Ensuring seller is aware of certain market conditions or other circumstances they
should take into consideration.
 If seller wishes to counter the initial offer, the seller must sign an offer to sell
under different terms and conditions.
6. FOLLOW UP AFTER OFFER IS ACCEPTED
 “CONDITIONAL TIME PERIOD”
i. After offer is accepted, certain conditions may need to be met by the
seller or buyer in order for the offer to become binding.
 It is the duty of the salesperson to follow up on condition’s status to ensure that
any new information is then factored into pricing negotiation or sale may be
cancelled.
 Representing a Buyer:
1. Qualifying a buyer:
 Identify needs and wants of buyer
 Identify Financial capability of buyer
2. Showing Property
 Show limited number of homes during each outing with buyer
i. Helps avoid confusion of individual property features due to information
overload
Tanveer Miglani – Course 1 Notes

ii. Helps narrow down importance and ranking of needs and wants to better
understand what properties may appeal to client.
 Accurately recording feedback from client’s for individual properties will help in
preparing offers as well as better understand client’s needs and wants.
3. Preparing an offer:
 Make sure to note the buyers requirements and any conditions important to
buyer (i.e. Buyers requirement to keep certain fixtures, furniture, etc. property
inspection condition, finance condition, etc.)
o Remuneration and budgeting
 Initial expenses associated with Career in Real Estate:
1. Registration and Education expenses
2. RECO insurance
3. Start-up costs
 Website
 Business cards
 Technology
 Ongoing Expenses:
1. Continuing education and training
2. Registration renewal every 2 years
3. Annual premium for RECO insurance
4. Marketing and Advertising expenses
5. Transportation and technology costs
o Remuneration Structures:
 1 brokerage transaction with commission splitting
1. 50/50, 70/30, etc. Anything is possible
 2 brokerage transaction with commission splitting
1. Similar splits, only difference is that commission split is first sent from listing brokerage to
selling brokerage and then allocated between salesperson and brokerage.
 Brokerage with desk fee plan
1. Splits are higher in favor of salesperson (i.e. 95/5, 90/10), however salesperson is
obligated to pay a fixed desk fee to broker regardless of productivity.

 Introduction to Property ownership, rights, and Limitations:

o Air rights:
 Relates to the rights to use space above the physical surface of the land
 Usually acquired to permit the construction of bridge approaches, piers, elevated streets and
sidewalks, in some cases entire building structures.
 i.e. construction of a skyscraper or a multi-level building above an existing use, such as
railroad, constitute air rights
o Surface rights:
 Refer to any right of land that is not mining rights.
Tanveer Miglani – Course 1 Notes


A Surface rights holder is an individual who owns rights to land which do not include the mineral
rights.
 The surface rights owners can be identified by performing a title search at a land registry office.
o Riparian rights:
 Are the rights allocated to owners of waterfront property and are associated with the property
owner’s access to and use of water.
 Riparian rights – usually associated with sale or purchase of recreational properties
o Mineral rights:
 Mineral rights involve the right to enter or use land for the purpose of extracting resources such as
gas, oil, precious metals.
 As a salesperson one will encounter properties in which mineral rights are sold or reserved by the
crown.
 Salespersons will need to refer clients to third party service providers to obtain further
legal advice
 Concurrent Ownership – 2 types:
1. Joint Tenancy
o In joint tenancy ownership of two or more individuals or entities, “Right of survivorship” dictates
that in the event of a death of one owner or dissolution of an entity, their ownership interest in
the property is assumed by the remaining owners.
o In joint tenancy, all the owners have an equal and undivided interest in the property.
o 4 Unities for Joint Tenancy
i. Title
o Each owner’s interest must be the same and must be created at the same
time in the same document.
ii. Time
o The interests of all joint tenants be created at the same time and for the same
period.
iii. Possession
o Each owner must have an equal, undivided ownership in the property, and no
one joint owner can have exclusive ownership or possession in all or part.
iv. Interest
o Each joint tenant must have an undivided share of the property at the same
time as the other joint tenants and no joint tenant is entitled to any part of it
to the exclusion of the other co-owners.
v. IF ANY OF THE 4 UNITIES CEASE TO EXIST DURING THE JOINT TENANCY, THE
OWNERSHIP AUTOMATICALLY BECOMES TENANTS IN COMMON.

2. Tenants in Common
o Involves ownership of land by two or more persons, however there is no rights of survivorship and
the interest of a deceased person does not pass to the survivor but is treated as an asset of the
deceased’s estate. One case leave directions for their interest in their will.
o i.e. if two friends purchase a home as a tenants in common, ownership 50/50, upon the death of
one, the ownership interest of the deceased owner becomes part of their estate instead of
automatically transferring to the remaining owner.
Tanveer Miglani – Course 1 Notes

o One Unity
i. Possession

 Alternative forms of ownership:

o Standard Condominium:
 Fee simple ownership of the unit and a tenant in common ownership of the common
elements/shared elements of the property. Classified as real property.
o CEC – Common Elements Condominium:
 Fee simple individual ownership interest of their own unit but an undivided interest in the
common elements.
 A CEC consists only of common element such as roads, parking lots, common greenspace, or a
community garden. There are unit’s in this type of condominium.
o Co-operative:
 A joint ownership alternative in which property is owned by a corporation, and members have an
agreement to occupy a specific unit.
 Co-ops are collectively owned and managed by the residents who own shares in a non-profit
corporation.
 Corporation owns the title and provides proprietary leases to its tenants.
 A monthly maintenance fee is paid by the tenants/owners, which covers any operating costs,
property taxes, mortgage payments, etc.
 Members may or may not hold shares in the cooperative depending on whether a property has an
equity co-operative or non-profit co-operative.
o Fractional Ownership:
 Ownership of a valuable asset where ownership of a property is shared with other individuals, as
tenants in common with usage rights allocated depending on the size of the factional interest
purchased.
 i.e. instead of buying a cottage property outright, a buyer purchases an interest of it with
9 other people. The buyer owns 1/10th of the property with others that share the costs.
This type of ownership is becoming increasingly popular with vacation properties.
o Land Lease:
 Involves leasing of the land only. Exclusive right to use the land for term of lease.
 Terms generally range between 20-99 years.
 Land leases can be granted by both private sources and the crown.
 Land leases offer the opportunity for consumers to own a home without the added cost of the
land.
 i.e. 250 houses on the Toronto Islands which are owned by the islanders. However the
land is leased from and owned by the City of Toronto.
 Salesperson must be competent in accurately and competently describe the characteristics of this
type of transaction, including any various restrictions that may impact the buyer’s lifestyle, which
must also be disclosed and discussed.

o Life Lease:
 The person does not own a property but an “interest” in that property in exchange for a lump sum
payment up-front.
Tanveer Miglani – Course 1 Notes

 The person also has to pay monthly maintenance fees that include a range of expenses, such as
snow removal, landscaping, garbage disposal, repairs, building insurance, and possibly meals.
 The life lease interest gives the person the right to occupy or live in a unit rather than owning the
unit itself.
 Most life lease housing projects are operated by established non-profit and charitable
organizations.
 A life lease typically lasts for the life of the tenant or until they move.
 Guidelines for resale will be listed out in the life lease agreement.
 Life lease is a middle ground between independent home ownership, or independent rental, vs,
residing in a retirement home or long-term care facility.
 In Ontario, almost all life lease projects are called “Market Value” leases.
 If a sale of a life lease occurs for a profit or a loss from the original purchase price, the
owner of the lease (or the estate) will benefit the profit or endure the loss that occurs.
 As a sales person, you must be able to describe the characteristics of this type of transaction
accurately and completely, including the estate interest in land being conveyed to the buyer.
o Timeshare:
 Is the division of property right into fractional interests based on time.
 Popular in the sale of recreational property
 Two types of timeshare:
 Fee Ownership interest
o Fractional ownership + maintenance fees paid monthly
 Right to use interest
o Lease like agreement where the timeshare agreement has expiration date.
 Timeshare agreements fall under provincial and territorial jurisdictions.
 This may result in different limitations of the lifestyle that a tenant/owner can have.
 Timeshare can be for fixed days of the year or floating timeshare where time range of use is
specified however no particular dates are fixed.
 Point based timesharing is also a possible agreement where portions of the property can be used
and exchanged based on point values and balances of owners of the rights to the timeshare.
 Requirements of Timeshare Agreements (2002, c. 30, Sched. A, S. 27):
 Every time share agreement shall be in writing, shall be delivered to the consumer and
shall be made in accordance with prescribed requirements.
 Cancellation; cooling-off period (2002, c. 30, Sched. A, S. 28 (1)):
 A consumer may, without any reason, cancel a timeshare agreement at any time from the
date of entering into the agreement until 10 days after receiving written copy of the
agreement.
 Cancellation; failure to meet requirements (2002, c. 30, Sched. A, S. 28 (2)):
 A consumer may cancel a timeshare agreement within one year after the date of entering
into the agreement if the consumer does not receive a copy of the agreement that meets
the requirements of (2002, c. 30, Sched. A, S. 27)
 These requirements afford a healthy degree of protection to the consumer under the “Consumer
Protection Act, 2002”, however this does not apply to Ontario residents when acquiring a
timeshare interest outside the province of Ontario.

o Mobile Home Park:

Tanveer Miglani – Course 1 Notes

 Mobile home may be owned by individual owner who rents a plot to park the mobile home, or is
owned by the landlord of the park and is rented to tenants.
 Owner of the land retains ownership of some, all, or none, of the units, owns the land, structures,
services, and facilities that are intended for the common use of the tenants.
 Parks and Mobile homes are covered by the provisions the “Residential Tenancies Act, 2006.”
 An agreement of purchase and sale for a mobile home is usually limited to the dwelling and not
the land.
 The agreement must identify dwelling specifics, including manufacturer, model, a serial
number, and its site location if it’s in a mobile home park.
 The agreement should include the relevant site lease document with the landlord.
 The agreement should also detail the seller’s assignment of their interest in the site lease
to the buyer.
 As of April 30, 2018, the landlord must use the “Residential Tenancy Agreement (Standard Form of
Lease) form”
 The lease should not contain any terms that are inconsistent with the Residential Tenancies Act of
2006, if the lease does contain a term that is inconsistent with the Act, that term will not be
enforced by the “Landlord and Tenant Board”
o Houseboats:
 Two Types:
 Residential
o Vessels that are perpetually harboured and thus static. They resemble flatboats or
barges, however cannot operate on water because they lack any means of
propulsion.
 Recreational
o Vessels that come equipped with residential furnishings and engines to propel
them on water.
o A “Marine Operator’s Permit” would be required to operate this type of vessel on
Ontario waterways.
 Ownership entails no Land, only the dwelling and the relevant docking permits and leases.
Similar to a land lease, dwelling may be owned but location is leased. Owners wll need to
ensure their right of dockage, access to utility hook ups and access rights to the marina or
docking facility.
 Limitations to property ownership:
o Easements:
 An easement is the right enjoyed by one landowner over the land of another and is granted for a
special purpose rather than for general use and occupation of land. It does not grant ownership of
any part of the land.
 An easement is an interest that runs with the land, which means that it binds subsequent owners
and is not eliminated once the land is sold.
 Agreements related to easements are usually registered against title to both properties affected
by the easement.
 i.e. a hydro easement under part of a backyard could prevent the property owner from
installing an above ground swimming pool as the hydro company must be able to access
their underground cables.
 Easements need to be documented in the agreement of purchase and sale.
Tanveer Miglani – Course 1 Notes

 Recorded easements can also be found in the property deed in the closing paperwork the owner
would have received when the property was purchased. A survey will also show easement or
rights-of-way which utility companies or others may have over the property.

o 6 defining characteristics of Easements:

1. Specific Use
 Easements must be granted for a clear and specific use. General use does not constitute
an easement.
2. Dominant and Servient tenements
 A dominant tenement is defined as the estate or interest in land that derives benefit from
an easement of a servient tenement.
3. Two different parties
 The dominant and servient tenement properties cannot be owned by the same person.
4. Sole benefit
 Easements must solely benefit the dominant tenement.
5. Transferable
 Easements run with the land, therefore once granted, the easement binds subsequent
owners.
6. Adjoining and non-adjoining.
 The two parties involved do not have to be adjoining neighbors.
o Easement Creation:
1. Express Grant
 Easement can be created if the owner decided to grant a privilege in favour of another.
2. Prescription
 An individual can obtain an easement by “Adverse Possession”, also known as by
prescription or squatter’s rights, in certain circumstances, if the usage of the right-of-way
was open and continues for a specified period of time.
3. Implication:
 Easements are created to avoid detrimental effects or inconvenience to an adjoining
property owner.
 i.e. if a sale of land adjoining the seller’s land causes that parcel of land to be landlocked,
the law implies that a buyer would have an easement over the sellers remaining land by
way of necessity.
4. Statute
 Section 21 of the “Public Lands Act” provides that the minister may grant easements in or
over public lands for any purpose.
 These types of easements are created by statute do not require a dominant tenement as
the property owners, who may be referred to as servient tenements in other types of
easements, cannot interfere with the rights imposed by statute.
o i.e. a utility company holds an easement in gross permitting them to place and
maintain the pipes and lines on a property.
o Easement Termination:
1. Merge
 If the dominant tenement owner purchases the servient tenement land, then the
easement is pointless and therefore is extinguished.
Tanveer Miglani – Course 1 Notes

2. Release
 The dominant tenement can release the servient tenement by removing the easement
from the title.
o i.e. a farmer had an easement of the neighbor for the purpose of cattle crossing.
The dominant tenement sold their cattle and therefore agreed to release the
servient tenement from the easement agreement as it was no longer needed by
the farmer.
3. Ceasing of purpose
 If the purpose of the easement disappears, so does the easement.
o For example a cottage owner has a right-of-way to their cottage. If the right-of-
way subsequently becomes a public thoroughfare, then the easement ceases to
exist given this change.
o Types of Easements:
1. Right-of-way:
 Is a frequently encountered form of easement that allows another person to travel or pass
through another person’s land.
 A right-of-way is also defined as an easement that includes the rigt to enter upon the
lands of the servient tenement for the purpose of maintaining the easement and making
repairs. i.e. repairs involving public utilities, such as telephone, railway, gas, and oil rights,
often referred to as statutory easements.
2. Party wall:
 Party wall easements are created when registered owners of adjoining parcels of land (i.e.
semi-detached homes in which each side has a separate title) enter into a party wall
agreement.
 The agreement will declare the dividing wall between the dwelling units, a party wall, and
set out the rights, privileges and covenants.
 Could be considered a mutual easement, as the agreement may specify that any
modification to the wall that would impact the other party wall will have to be agreed to,
3. Mutual shared driveway
 Mutual shared driveways can be the cause of confusion and in some cases litigation.
o i.e. shared driveway of a semi-detached home where there are no clear
boundary’s to distinguish center of driveway to distinguish equal space.
 Recorded easements can also be found in the property deed in the closing paperwork that
the owner would have received when the property was purchased.
 Restrictive Covenants:
o Is a type of contractual arrangement that places restrictions on what the owner of the land can do with
their property. A restrictive covenant is a legally binding obligation written into the deed of a property and
is registered on title.
o Covenant must be negative and reasonable
o Many restrictive covenants originate in subdivision agreements and often become part of the municipal
bylaw structure.
o Examples:
1. Architectural guidelines that require the property be kept ina certain colour scheme, roof style, or
brick type
2. Parking restrictions
Tanveer Miglani – Course 1 Notes

3. Property owners could be barred from placing signs on the property

4. Restrictions regarding fence height and location
5. Property restricted to a single –family residence.
 Encroachments
o An encroachment is a situation that arises when a property owner violates the property rights of their
neighbor by building a structure wholly or partially on the neighboring property.
o A resolution must be determined either by the encroaching individual to make a correction, or an
agreement is established for the encroachment to continue for a determined time.
 Profit-a-prendre:
o The term come from French, meaning “right of taking”.
o PAP is an interest in land and gives a person the right to enter another’s property based on a written
agreement and take something from it such as crops, minerals, fish, or timber.
o This right can sometimes pass with title upon the sale of the property.
 i.e a farmer who owns an apple orchard sells the orchard to a developer and retains the right of
profit-a-prendre. The farmer can harvest the apples for a subsequent period of time.
 Government limitations on property ownership
1. Expropriation
o Involves the acquisition of private property by the government for the public’s best interest
and use with fair compensation to the owner.
o This is done by the government exercising the right to eminent domain.
o A process is in place to permit the landowner to object to the expropriation and/or the
amount of compensation being offered.
2. Right to regulate
o … is the right of government to regulate property for the promotion of public safety, health,
morals, and general welfare.
o It is also referred to as “Police power”
o Zoning bylaws, building codes, traffic, and sanitary regulations are also based on this right to
regulate.
o Various federal and provincial statutes impact land ownership, such as land planning.
3. Right to levy taxes
o Is the right of the gov to levy taxes on property.
o i.e. real property taxes, which fund the operating budget of the municipality to provide
services to the people in that municipality.
o Another example, i.e. land transfer tax, which is paid on the purchase price of the property.
4. Escheat
o Is the reversion of property to the government or some kind of gov agency in the event that a
property owner dies, leaving no will, and having no legally qualified heir to whom the property
may pass.
 Land Descriptions and Land Registration:
o Gunter’s Chain
 Ontario was initially surveyed in 1792 using a method of land measurement from 1620, England.
 Chains were 66 feet long, made using 100 chain links.
 80 chains equaled 1 mile.
 The term chain is still used as a unit of measurement
o Ontario initially divided into “Counties”
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 County boundaries were often followed a river or lake but in most cases was a straight light
through the bush.
o The counties were then divided into smaller parcels referred to as “townships”
 Usually squares but affected by topography and natural boundaries
o Each township was further divided into strips of land known as “concessions”, numbered in roman
numerals.
 Each concession was separated by the by a road allowance.
 Each concession was 100 chains across = 1.25 miles
o Each concession was further divided into “lots”
 Lots run at right angles to concession lines and numbered in Arabic Numerals
o A “parcel of land” could then be described as the entirety of the lot and concession.
 Single Front township
o Referred to as single front because most of these townships were found connecting to accessible water
passages behind them.
o Lots were typically 20 chains (1320 feet) by 100 chains (6600 feet) and contained 200 acres.
o A standard road allowance was one chain wide (66 feet) or 1 chain length.
 Double Front township
o Double front refers to a township where the original survey laid out the township in lots to be 30 chains
(1980 feet) by 66.67 chains (4400 feet).
o They were usually patented, or given their legal identity, in half-lots containing 100 acres.
 Sectional System Townships:
o The sectional township system of land division involved 1000 acre per section.
o In this arrangement, lots were designed to be 20 chains by 50 chains and to contain 100 acres
 Metes and Bounds
o A measurement technique for subdivisions of lots that have occurred overtime as portions of lots have
been sold and developed.
o Uses a compass direction and distance along compass “bearing” to “Survey” property limits more
accurately as this was not done precisely when lots were sold in portions for development.
 Survey of Land
o 4 main components of a land survey
1. Research
a. Relevant data obtained by surveyor in preparing to visit site including:
i. legal description
ii. registered easements
iii. encroachments
iv. restrictive covenants
2. Measurement
3. Monumentation:
a. Refers to the location of physical markers (posts) located at property corners and at
regular intervals around the property boundary.
b. Monuments could be existing or installed by the surveyor
4. Plan and/or report
 4 most common types of land surveys for salesperson in real estate:
1. Surveyor’s Real Property Report
o Traditionally referred to as a building location survey, consists of two parts
Tanveer Miglani – Course 1 Notes

i. Plan of Survey
ii. The written Report
o The survey show’s everything that might affect title to the property, as well as enjoyment of the
property by the owner.
2. Reference Plan (R-Plan):
o Normally required for
i. Severance of an existing parcel of land – the reference plan is for descriptive purposes only as
a formal consent for land severance is required.
ii. First application (first registration) under “Land Titles Act”
iii. When the land registrar determins that the title is too vague or ccomplex, an R-Plan would be
requested for clarity.
3. Plan of Survey
4. Plan of subdivision
o Created for the development of future neighbourhoods, and illustrates individual parcels that would
be created once the plan has been approved by the appropriate municipal authorities ad registered in
the land registry office.