Choosing Ownership Type



Single Owner.
The new title owner will be a single individual or a single corporate entity or a single other relevant party, as listed in the Land Titles Act, 2000 or the Land Titles Regulations, 2001.

Joint Tenants (with Survivorship). In this type of ownership, two or more persons own a title jointly.  For example, Abe and Ruth are joint owners of a quarter section of land.  Their title share is 1/1 as they own jointly.  There is only one title to the land, issued in the name of Abe and Ruth, as Joint Tenants.  If the ownership is indicated on title as Joint Tenants, without further specification, there is an automatic right of survivorship should one of the owners die.  If Abe passed away, his share in the title would pass to Ruth. 

Joint Tenants (Without Survivorship). Ownership remains joint, however, if indicated upon title setup as Joint Tenants (Without Survivorship), should one of the other joint owners die, no right of survivorship exists.  Joint Tenants (Without Survivorship) is most  commonly used when owners are trustees and the trust document specifically directs the trustees to hold the title on this basis.

Tenants in Common. Owners who are Tenants in Common have separate rights of ownership and, therefore, separate titles associated with the same parcel or condominium unit.  Each owner's specific share is indicated on his or her title, and all the fractional title shares for that parcel of land (i.e., surface or mineral) or for that condominium unit must add up to 1/1. In addition, the minimum mineral fraction is 1/20 per commodity per parcel.

For example, Giovanna, Jean, and Vijay are tenants in common of a cabin property.  They own the property as follows:  Giovanna has share, Jean has share, and Vijay has share.  There is no right of survivorship in this type of ownership, and each owner is free to deal with his or her share/title separately.   For example, Jean could transfer his share to Evangeline.