Name four (4) parties who can submit an application to confirm a boundary under the Boundaries Act. - Answer-- Surveyor with consent of owner
- Parcel owner
- Surveyor general of Ontario
- Surveyor general of Canada
- Municipality with jurisdiction over the parcel
a) Can more than one proper...
Statutes Exam Questions with Latest
Update
Name four (4) parties who can submit an application to confirm a boundary under the
Boundaries Act. - Answer-- Surveyor with consent of owner
- Parcel owner
- Surveyor general of Ontario
- Surveyor general of Canada
- Municipality with jurisdiction over the parcel
a) Can more than one property be the subject of an application under the Boundaries
Act?
b) Can all of the boundaries of a subdivision be confirmed on one application under the
Boundaries Act? - Answer-a) Yes, a boundary affects a minimum of two interests in
land, and any boundary confirmed by a BA plan permanently affects any parcel
adjoining that boundary. And multiple parcels can be the subject of an application.
b) Yes, any boundary or boundaries in doubt may be submitted in the application
Explain the difference between the Director of Titles confirming a boundary/boundaries
under section 8(3) or section 9(1) of the Boundaries Act. - Answer-Under section 8(3),
the director may confirm the boundary without a hearing if he/she is satisfied with the
materials submitted and the time of notice has expired without any objection.
Under section 9(1), under a hearing, the director may consider or dismiss any objection
as they see fit and confirm the boundary as is or amend the survey and confirm the
boundary as such.
a) Once an Order under the Boundaries Act is released by the Director of Titles, how
many days does the objector have to appeal the decision?
b) If a decision is appealed what court hears the appeal? - Answer-a) 30 days
b) Divisional court
a) Can the Director or Titles confirm a boundary under the Boundaries Act without a
hearing? Explain
b) Can the Director of Titles call a hearing when no objection has been received?
Explain - Answer-a) Yes, under section 8(3), the director may confirm the boundary
without a hearing if he/she is satisfied with the materials submitted.
b)Yes, there will be a hearing if the director is not satisfied with the boundary presented
as is by the surveyor
a) Who is the 'Director' as defined in the Boundaries Act?
b) Under what authority is the Director appointed? - Answer-a) The director of titles
b) The land titles act
,According to s.8 of the Boundaries Act, R.S.O. 1990, c. B.10 any person desiring to
object to the location of the boundaries to be confirmed, as shown on the draft plan,
may object to the Application.
a)Indicate how, when and to whom an objection is to be delivered
b)What are the elements to be provided in support of an objection? - Answer-a) Notice
is given to the relevant parties as seen fit by the director of titles and in this notice is the
right or option to object. The objection must be done within 30 days of the director
mailing the notice. Objection is delivered to the director in the form of a written
statement
b) A conflicting survey/evidence
a) Describe two situations in which costs may be awarded in a Boundaries Act
application
b) To whom may the costs of an application under the Boundaries Act be appealed, and
what are the possible results of such and appeal? - Answer-a) Costs awarded against
any party that exhibits frivolous objections or delays.
Costs may be awarded if applied to be paid before the hearing adjourns to cover
invoices from relevant professionals.
b) Anyone who is a party to the proceedings. The results would be the land titles
insurance fund pays the costs.
Briefly explain the difference between Applications under the Boundaries Act and
Applications for Absolute Title under the Land Titles Act. - Answer-The boundaries act
and applications made under it, deal with the "what" factor of a boundary. It deals with
the monumentation and the actual, physical line on the ground and where it lays.
Applications for Absolute title, under the LTA, deals with the "who" factor of boundaries,
it does not physically define the boundary, rather, the person on title, the owner.
Briefly describe four conditions that must be met for a project to be registered as a
condominium. - Answer-Confirmation from the registrar confirming that, under section
38 of the Protection for owners and purchasers of new homes act, that all units,
a) common elements, and real property be enrolled and in accordance with the
regulations made under that act.
b) The builder be licensed in accordance with that act.
c) The vendor be licensed in accordance with that act.
Any additional prescribed conditions be satisfied in accordance with that act.
Name four (4) different types of Condominiums - Answer-- Standard
- Leasehold
- Common elements
- Phased
- Vacant
- Amalgamated
, Describe the 3 signatures that are required on a Condominium plan prior to it being
registered - Answer-Municipal planning authority, Ontario land surveyor, owner
Describe the 4 Parts that make up the description of a Standard Condominium -
Answer-- A plan of survey (diagrams of units)
- Structural plans
- Architectural plans
- Exclusive use portions of common elements
Give a brief description of what is contained in Schedules A, C & F, within a
Condominium declaration. - Answer-Schedule A: Relevant to all condo types. Legal
description of the condominium property including all appurtenant and servient
easements.
Schedule C: Relevant to all except common elements. Specification of the boundaries
of each unit and the and a statement from the OLS verifying the description of them.
Schedule F: Relevant to all condo types. Indicates all of the exclusive use portions of
common elements or indicates that there are none. In tabular form.
Describe how easements can be created within the Declaration of a Condominium. -
Answer-Easements can be created in the declaration as a result of the conditions
imposed by the planning authority. They must be mentioned in schedule a.
Explain how the ownership of land in a standard condominium under the Condominium
Act differs from ownership of land under other Ontario statutes. - Answer-Ownership of
a condominium differs from parcel ownership in that all owners of a condominium
contribute to a shared percentage of the entire ownership. Each unit is given the
proportionate ownership to the square footage of their unit and each owner is given that
percentage to contribute to maintaining the condominium. They are also given that
same percentage of the total cost of the condo if it were to be destroyed. This differs
from parcel ownership as there is no shared units within your property, you own to the
extents of your boundaries and you pay taxes on those same boundaries.
Outline how the Unit is described on a Vacant Land Condominium and outline if a
building can exist at the time of registration - Answer-Units are described as one level
only and must contain common elements. The units must be vacated lots similar to lots
on a plan of subdivision. Buildings may exist on the lots but must be entirely contained
within the unit it lies on and cannot be part of the unit boundaries.
Briefly describe Common Elements and Exclusive Use as they pertain to the
Condominium Act. - Answer-Common elements are areas of a condominium shared by
all owners of the condo. Exclusive use portions of the condo are the units in which
owners have exclusive use to.
a) What are the first and second Phases called in a Phased Condominium?
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