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Wednesday, October 19, 2011

Divided titles

Hi Lovers


What is fee simple?

At common law, an estate in fee simple in a parcel of land is one transferred absolutely to a person and his or her heirs, forever, without any conditions. This is the highest estate in land that can be held by a person in a common law province.  The civil law equivalent of a fee simple estate is the concept of “ownership,” which is the right of enjoying and disposing of an immovable in the most absolute manner. The only restriction is that no use be made of the immovable that is prohibited by law or regulation.  An estate in fee simple is freely transferable by deed, will or otherwise.”

So we see two types of titles, one in common law the other under civil law.

For a $50 fee landowners can obtain a certified copy of the Crown Land Patent Grant relating to their property by contacting the Ontario Ministry of Natural Resources with the lot, concession and original township information.

I was typing and this came out;

“When one wakes up to who he is he can move back to the common law side of the fence where the land is leaving the legal title and the encumbrances and debts on the other side because that is where they are”.
We land when we get back to common law and stop playing in legal land or dealing in legal titles except as grantee. Delivery of the baby was made to the dock/tor and then delivery was made back to mom. The baby is still at sea, in transit, negotiation, receivership pendente lite, still working things out.

Another thing hit me when typing.

On land documents the property is registered like this SMITH, Mary.

They like on the BC put the surname first in line and on the land thing it is always that I have seen in BLOCK letters.

SMITH is a legal title and so I wonder if by putting it first like that on the legal title it means, first in line first in time. In other words, the legal title is priority title.

Now, when the land deed stemming from the crown grant is acknowledged and accepted, if we do that acknowledgement like this Mary Smith and Mary has also already accepted the given names, now Mary is first in line and in time under common law of God because the land was created and given long before civil law or legal titles came to be.

So perhaps for want of the acknowledgement being done legal title trumps.

It is probably better to be a friendly occupant of land than a owner of legal title.