HomeMy WebLinkAboutCD-13-90 TOWN OF NEWCASTLE
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REPORT
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7- ' Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MAY 7, 1990
REPORT #: CD-13-90 FILE #:
SECT. FIRST APPLICATION PLAN UNDER THE LAND TITLES ACT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-13-90 be received; and
2 . THAT the Mayor and Clerk be authorized to execute all
applications for Consent and Waiver of Notice pertaining to
application for First Registration Under the Land Titles Act,
providing such requests meet all Town requirements and the
lands in respect of which the application is made do not
include Town-owned road allowances whether opened or unopened
or other Town-owned land FORTHWITH.
BACKGROUND AND COMMENT:
It is the requirement of the Land Titles Act that the "Land Titles
First Application Plan" be completed for all land proposed for a
subdivision development. This process ensures that the builder
owns and has clear title to the lands which are subject to the
proposal. In order to confirm this, the usual process is as
follows:
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Report CD-13-90 - 2 - May 7, 1990
1. The builder retains an Ontario Land Surveyor to prepare the
plan and provide it to the builder's solicitor.
2 . The solicitor searches title to determine the owners (and/or
mortgagees) of all land abutting the owner's land.
3 . The solicitor's documentation, together with the plan, is then
provided to the Ministry of Consumer and Commercial Relations .
4 . The Ministry circulates a copy of the plan to all abutting
landowners and/or mortgagees .
5 . The circulated notice advises the person that an abutting
landowner is requesting approval for a Land Titles First
Application Plan and, should a problem exist, the concerned
party has 21 days to file a written notice of objection.
Problems that may exist are property encroachment or some form
of ownership dispute.
6 . If no objection is received, the plan is automatically
approved and a registration number is allocated to it.
7 . The builder is then able to proceed with the project.
The Ministry of Consumer and Commercial Relations currently has a
six to eight-month backlog in reviewing the Land Titles Plans,
however, in lieu of circulating the Land Titles Plan, the Ministry
will also accept what is referred to as "Consent and Notice of
Waiver. " The Notice in effect replaces the circulation that the
Ministry would in time normally conduct. Upon execution of the
Consent Notice, the Land Titles Plan can proceed.
When a first application for Land Titles is received in the Clerk's
Department, it is forwarded to the Planning Department and the
Public Works Department for their comments . If there is any
question or doubt as to whether the Town has an interest in any
part of the lands in respect of which the application is made,
whether an interest in a road allowance, opened or unopened, or
other land, the application will be forwarded to the Town's
Solicitor for his advice.
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Report CD-13-90 - 3 - May 7, 1990
It is hereby recommended that Council authorize the Mayor and Clerk
to execute the Consent and Waiver of Notice for those applications
with which the Town has no concerns .
Respectfully submitted Recommended for Presentation
to Committee
P tti Ba rie, A.M.C.T. L. Kotsef M.C. I .P.
T� Clerk Chief A i��strative Officer
PLB/ms
605