Land Registry

Systems – UP200
Urban & Regional Planning – GIS Program
Learning Outcomes:
• History Primer
• Treaties (First Nations and Métis)
• Legal descriptions
• Surveying of Ontario
• Lots and Concessions
• Bearings MTO Survey Monument

• Freehold Lots
• Progression of Ontario Surveying

Land Registry Systems– Urban and Regional Planning

 Seven Years’ War (1756-1763)
• Generally considered the first world-
wide conflict.
• France and Great Britain battled over
economic stakes.
• French and British forces starting
fighting in American beginning in 1754.
• The famous battle of the Plains of
Abraham (in Quebec City) in 1759-1760.
• This battle eventual led to the British
Control of Upper/Lower Canada.

History Primer – Upper Canada Land Registry Systems– Urban and Regional Planning
Upper Canada (Ontario)
• Lieutenant Governor, John Graves
Simcoe was appointed Lieutenant
Governor with the passage of the
Constitution Act in 1791.
• This created two new Colonies –
Upper Canada (now Ontario) and
Lower Canada (Quebec).
• Simcoe established Newark (now
Niagara-on-the-Lake) as the capital of
Upper Canada

Land Registry Systems– Urban and Regional Planning

 Upper Canada (Ontario)
• Shortly after (due to proximity to the American border) Simcoe founded
York (Toronto) and became the new Capital of Upper Canada.
• Passed legislation to abolish slavery
• Built two main routes in Ontario. Yonge Street (Named after the Minister
of War (Sir George Yonge). Created a fur trade route between Lake
Ontario and Lake Simcoe.

York, Upper Canada

Watercolour by Eliazbeth Hale, 1804.
(Library and Archives Canada/C-40137)

Land Registry Systems– Urban and Regional Planning

Upper Canada (Ontario)
• Simcoe also established a system (Land Registry System - 1796)
that allowed the Government to regulate the distribution of land
and discourage land speculation.
• Counties and Townships were formed.
• Land was at first granted free of charge with the condition the
land had to be built upon (improved) within one year.
• Samuel Holland (1728 – 1801) – Surveyor General, directed
survey parties from P.E.I. to the Detroit River.
• Revered for his high standards which contributed greatly to the
development surveying and cartography in Canada.

Land Registry Systems– Urban and Regional Planning

First Nations and
Métis – Land
Treaties

Source: Ministry of Indigenous affairs

Land Registry Systems – Urban and Regional Planning

First Nations and Métis – Land Treaties

Land Registry Systems – Urban and Regional Planning

Treaty 4 – 1793 – Haldimand Tract
• Called the Haldimand Tract because Sir Fredrick
Haldimand (governor of Quebec) granted the Six
Nations land for their alliance with the British
forces during the American Revolution (1775 –
83).

• The map shows a portion of the tract ending at

Elora Ontario.

Land Registry Systems – Urban and Regional Planning

 Treaty 4 – 1793 – Part of the
Haldimand Tract
• How did so much urban
development occur in the
Haldimand Tract?
• Waterloo, Kitchener and
Cambridge?
• In 1796, the Six Nations agreed
to share approximately 122,582
ha. Referred to as Blocks 1,2,3
and 4) with settlers on the
condition of a continual revenue
stream.
Land Registry Systems – Urban and Regional Planning
Issues with Land Treaties (Upper Canada Land
Surrenders)
• A plethora of land surrenders were signed between the late
1700s and mid 1800s.
• For First Nations these agreements meant sharing land with
the British and continued rights to hunting, fishing and
trapping.
• This was not how the British viewed it. They saw it as an
outright purchase and to use the land as they saw fit.
• The treaties were often poorly/hastily written which made
interpretation of the treaties very difficult.
Land Registry Systems – Urban and Regional Planning
Example Legal Descriptions

Land Registry Systems – Urban and Regional Planning

Legal Descriptions
Why do we use legal descriptions to describe property?
municipal addresses are not suitable to describe ownership because:
• they do not indicate property boundaries
• roads may be changed, closed or renamed
• properties can have more than one address
• Addresses can change over time

A method of describing properties that is accurate, consistent and

generally does not change.

Land Registry Systems – Urban and Regional Planning

Survey Monuments

Land Registry Systems – Urban and Regional Planning

The roots of legal descriptions

Land Registry Systems – Urban and Regional Planning

What is this?

Land Registry Systems – Urban and Regional Planning

Legal Descriptions
• Starting in 1760 Upper Canada
(now Ontario) was surveyed by the
British (Crown)
• Created of Geographical Townships
• (Townships did not have municipal
organization prior to 1850.
Today we have:
• Districts in the north
• Counties in the south

Gunter’s Chain
Land Registry Systems – Urban and Regional Planning
Legal Descriptions

Original County
Boundaries

Land Registry Systems– Urban and Regional Planning

Units of Measure
• Unit of measure “Gunter’s Chain”
• 1 Chain = 100 links = 66 ft.
• 1 Chain = 4 Rods
• 1 Rod = 16.5 ft.
• 10 Square Chains = One Acre
• Typical road allowance is 1 chain or 66ft or
20.12m

Land Registry Systems – Urban and Regional Planning

Legal Descriptions
Counties and Township

Land Registry Systems– Urban and Regional Planning

Legal Descriptions
Counties were further divided into Townships –
usually between 5 to 10 townships per county.

Land Registry Systems– Urban and Regional Planning

Legal Descriptions
Townships were broken down
further into Concessions and
Lots

Typically there would be about

14 concessions to Township.

Land Registry Systems – Urban and Regional Planning

Different types of township surveys in
Ontario

Land Registry Systems– Urban and Regional Planning

Legal Descriptions Denotes a Broken Concession usually interrupted
by a natural feature (lake, escarpment etc.)

Land Registry Systems – Urban and Regional Planning

 Different types of township surveys in
Ontario

2400 Acre Section

1829 - 1861

Land Registry Systems– Urban and Regional Planning

Legal Descriptions
Township of Kings Landing Township of Kings Landing Lots
County of Westeros

Township of Whole Lot –

Kings Landing
Ownership includes
the whole of one or
more Township Lots

Land Registry Systems – Urban and Regional Planning

Legal Descriptions Being Lot 3,
V
Concession IV,
Whole Lot – IV Township of Kings
Ownership includes Landing, in the
III County of Westeros
the whole of one or
more Township Lots II
Being Part Lots 9 and
10 Concession II,
I
Township of Kings
Landing, in the
County of Westeros

Land Registry Systems – Urban and Regional Planning

Proposed Plan of Subdivision on Part of the original
Lot and concession fabric.

Land Registry Systems – Urban and Regional Planning

o

Land Registry Systems – Urban and Regional Planning

Township Plan – Lot and Concession
Lot 5, Concession 10

Part of Lot 5 concession 10 (Part

Lot)

Registered Plan of
Subdivision – 58M-650
Progression of the Legal
Lot 5, 58M-650 Description.

Land Registry Systems – Urban and Regional Planning

Once this Plan is registered this Plan of Subdivision has
new Legal Description e.g. Lot 5, 58M-650, City of
Cambridge, Regional Municipality of Waterloo.

This will be a semi-detached lot and will have a different legal description once
severed. Being Part 1 on Reference Plan 58R-67657 and Part of Lot 5, 58M-650,
o

City of Cambridge, Regional Municipality of Waterloo.

Land Registry Systems – Urban and Regional Planning

Land Registry Systems – Urban and Regional Planning
Legal Descriptions Part Lot Using Parallel Lines – Ownership is a portion
of an original Township Lot and all boundary lines
are parallel to original survey lines

Lot 3, Concession IV, ALL AND SINGULAR that certain parcel or tract of land and
Township Kings premises situate, lying and being in the Township of Kings Landing,
Landing, County of in the County of Westeros and being composed of part of Lot 3, in
Westeros 50m Concession IV more particularly described as starting at the
southeast angle of Lot 3
THENCE northerly along the eastern limit of the Lot a
distance of 75m to a point of commencement
100m

100m
THENCE northerly along the eastern limit of the Lot a distance
of 100m to a point
THENCE westerly parallel to the northern limit of the Lot a
distance of 50m to a point
50m THENCE southerly parallel to the western limit of the Lot a
75m distance of 100m
THENCE easterly parallel to the southern limit of the Lot a
distance of 50m more or less, to the place of commencement

Land Registry Systems – Urban and Regional Planning

Bearing

Land Registry Systems – Urban and Regional Planning

Bearings and Dimensions

Each minute
contains
60 seconds
Each degree
contains
60 minutes

Further description of lots was

required to as properties got
subdivided.
360 Degrees

Land Registry Systems – Urban and Regional Planning

 Bearings and Dimensions
• Once whole lots started to be subdivided and re-subdivided there had to be a
way to accurately describe the location of a line no matter where or on what
angle it was located. The description had to be such that there could be no
duplication of the description.

• The circle is divided into 360 parts called Degrees represented by O

• Each degree is divided into 60 parts called Minutes represented by ‘ (prime)

• Each Minute is divided into 60 parts called Seconds represented by “ (double

prime).

• Adding the information including the County, Town, Lot and Concession to the
bearing and dimension of each line that forms the boundary ensures there is only
one property that can be represented by each description

Land Registry Systems – Urban and Regional Planning

Bearings and Dimensions

• Once whole lots started to be

subdivided and re-subdivided there
had to be a way to accurately
describe the location of a line no
matter where or on what angle it
was located.
• The description had to be such that
there could be no duplication of
the description.

Land Registry Systems – Urban and Regional Planning

Legal Descriptions Bearings are actually compass directions which
are given as

1)East or west of north

eg. North 30 degrees east means a line
30 degrees east of north
2) East or west of south
eg. South 30 degrees west means a line
30 degrees west of south
Dimensions indicate the length of the line
described
by the bearing
Example
o
N 45 15’ 26” E - 300m

Land Registry Systems – Urban and Regional Planning

Legal Descriptions

Lot 3, Concession IV, ALL AND SINGULAR that certain parcel or tract of land and
Township of Kings premises situate, lying and being in the Township of Grey
Landing, County of
Westeros
in the County of Black and being composed of part of Lot
o

3, Concession IV more particularly described as follows:

COMMENCING at a point in the westerly limit of the road
o
allowance between Lots 3 and 4 a distance of 25m
measured north along the westerly limit of the road

N 0 E – 38m
o
allowance from the south east angle of Lot 3
THENCE North 0 East a distance of 38m to a point
THENCE North 77 West a distance of 26m to a point
o
THENCE South 29 West a distance of 39m to a point
THENCE South 80 East a distance 45m more or less
to the place of commencement
25m

Land Registry Systems – Urban and Regional Planning

Legal Descriptions

Registered Plan of Subdivision

within the original Lot and
Concession Fabric.
o

Land Registry Systems – Urban and Regional Planning

Legal Descriptions
Reference Plans simply
description of land. (i.e.
Described as Parts 3 & 5 on
Reference Plan XXR-XXXX in
Town of Amherstburg, Country
of Essex, Ontario.

Land Registry Systems – Urban and Regional Planning

Bearings:
• 360 degrees o – 60 minutes in a degree, 60 seconds in a minute.
• Why is N30o23’55”W – 70 metres used vs. N30oW – 70 metres?
• They are called single ‘ Prime and Double “ Prime.
• Used in Mathematics, linguistics and music.

Land Registry Systems – Urban and Regional Planning

Freehold
Lots

Land Registry Systems – Urban and Regional Planning

Freehold lots, what are they?

• The term freehold can be used differently. For example

someone may describe a property with frontage on a municipal
road as a “Freehold” lot.

• What they mean is, the lots are “Free” from hold, you own the
building and land it sits on.

Land Registry Systems – Urban and Regional Planning

 Lot that fronts onto a municipal
road and is not tied to a
condominium is a type of
freehold. Land and building are
owned.

No encumbrances except zoning

etc.

Land Registry Systems – Urban and Regional Planning

 A unit in standard
condominium is also
considered “freehold”.
Meaning the owner has the
right to sell, rent and lease,
enjoy the unit subject to
condo restrictions.

Land Registry Systems – Urban and Regional Planning

Standard Condominium (freehold).

Land Registry Systems – Urban and Regional Planning

Standard Condominium (type of freehold).

Land Registry Systems – Urban and Regional Planning

Freehold Standard Condominium

Land Registry Systems – Urban and Regional Planning

 Freehold Residential
Lot (Single Detached).

Freehold Block. To be
turned into
Townhouse
Development (Condo)

Land Registry Systems – Urban and Regional Planning

Reference
Plan
Legal Descriptions

Land Registry Systems – Urban and Regional Planning