Certain parcels may be “tied” together. In dealing with transforms, it is important to check the titles for the source parcels as a first step. If there are parcel ties involved, this could have implications on how you apply for titles.
If the source parcel is “tied” with other parcels, this will be indicated in the “Notes” section near the bottom of the title. The text will read: “The parcel for this title and parcels(s) X, Y, etc. may not be transferred, or in certain circumstances, mortgaged or leased separately without approval of the Controller of Surveys.” The parcels listed may include existing parcels and pending parcels (e.g. new parcels on the TAC).
There are two main reasons for parcel ties:
Planning and Development Act
Certain parcels are subject to ties pursuant to The Planning and Development Act. For example, if a road cuts through a quarter section, the land on both sides of the road is deemed to be one parcel. These two parcels will be tied, and the owner cannot sell, lease or mortgage them separately, until the tie is removed.
This type of tie will also affect transforms. For example, assume that two parcels above are A and B, and one of the parcels, B, is further subdivided into two parcels, X and Y. If X is the remainder parcel, then the title for X must be set up in away that does not breach its tie with parcel A. That means the titles for X and A must show the same ownership structure, client number(s) and owner(s), after X is titled.
Conversion-created Parcel Ties
Some parcels were tied in the conversion process. Formerly, a parcel or lot on a paper Certificate of Title may have contained an exception or metes and bounds description. In these cases, when new titles are created for all the parcels contained on the old title, these new parcels are tied together on conversion. If this has occurred and you believe that certain parcels should not be tied, contact us at 1-866-275-4721. We will review the ties and if they are invalid, they will be removed. There is no charge for this review. A Registrar’s Notice will be registered against the titles to give notice that ties have been removed, but the notice will automatically expire after 30 days. It is important to remove invalid ties as they may prevent transfer, lease, mortgage or change of ownership of the parcel.
If the parcel ties are valid, then the same issue for transforms exists as noted above for P & D ties.
Parcels tied together must have the same client number(s), ownership structures and the same owner(s). This is a critical issue to keep in mind when setting up title to new parcels in a transform. Do they need to be “tied” to existing parcels? If so, how should the new titles be set up? The following are the key questions you must ask when preparing a packet:
- Who owns the source parcel?
- Is it part of a parcel tie group? If yes, identify the remainder parcel.
- Determine whether the remainder parcel need to be tied to any other currently existing parcels after titles are issued pursuant to the transform?
- If yes, when setting up title to remainder:
If owner is an individual – Use the client number and name which appears on the source title.
If owner is a corporate entity – Use the client number on the source title if this is the COBRA linked client number.
If the client number is not one that is tied to the COBRA entity number, you have two options. You can branch that number to the COBRA-related client number, and then use the branched number. This is useful if the client number on the source parcel titles points to a client address you want to use, but is different from the address for the COBRA-related client number. Or you can amalgamate the client number on the source parcels with the COBRA-related number, and then use the latter number to set up ownership. Amalgamation reduces the number of client numbers for that entity.
* For more information on the use of client numbers when setting up titles to new parcels, see the Client Numbers – Transforms chart.
SUMMARY
The processes for obtaining approval for a plan and the application for titles to the new parcels created by the plan are separate and distinct. This webpage provides basic information for the latter process. If you require more information about applying for titles, or about transforms, please call Customer Support