What is a title?
A title is a person’s claim to ownership of and right to possession of a parcel of land and is usually evidenced by a document such as a Grant or series of documents such as a Grant and a Deed of Conveyance.
How do I search titles?
A title search is the act of gathering all existing records about a certain property so that legal ownership of a property can be determined. The search may also identify whether there are any claims or liens on the property. Because searching title is complex, clients are encouraged to seek the assistance of a professional search firm or a lawyer.
A title search is often completed before any real estate transactions are completed and are strongly recommended.
There are two land registries in Newfoundland and Labrador that should be considered when completing a title search.
Crown Lands Registry: A registry of over 70,000 land tenure documents and historical information dating back to the 1830’s. About 1600 titles are added each year. The Registry is responsible for records management of Crown land titles, administration, legal proceedings, as well as the protection of documents related to other government departments. This registry is located on Higgins Line, in the Howley Building in St. John’s.
Registry of Deeds: The Registry of Deeds has the largest database of information of all the registries within the Commercial Registrations Division. The records maintained relate to real estate in the Province of Newfoundland and Labrador dating back to the early 1800’s. Registry records from 1825 to 1981 can only be searched at the Registry’s office at 59 Elizabeth Avenue, St. John’s through a paper-based index and bound volumes manual system. Registry records from 1982 to present can be searched electronically through the Companies and Deeds Online (CADO) system either at the Registry’s office or online at Companies and Deeds Online (CADO). Please note that online search fees applies.
Missing Documents
All Crown lands title documents are housed in a fire proof vault for maximum security and protection. Document security is a major concern since the Registry experienced a devastating loss of records during the Great Fire of 1892, and a large number of titles are still missing. Listed below are the volumes which were lost in the fire of 1892. Persons holding old Crown grants registered in any of these volumes are encouraged to contact the Registry so arrangements can be made to re-register the missing grant.
- Volumes B, C, D
- Free Grant Volumes 1 and 2
- Volumes 1 to 7 (inclusive)
- Volumes 10 to 16 (inclusive)
- Volumes 19, 20 and 28
Hours
Registry of Crown Titles and the Vault are open:
Open: Monday to Friday from 8:30 a.m. – 4:15 p.m.
Lunch: Closed from 12:30 p.m. – 1:30 p.m.
**Please note: In the summer months, offices typically close at 4:00 p.m.**
Quieting of Titles
What is a Quieting of Titles?
In order to resolve disputes over land ownership or to clarify title to land, a person claiming to be the owner of that land may apply to the courts under the Quieting of Titles Act to have that title judicially investigated and declared.
How to Make Application
The Quieting of Titles Act lays out the information required to make an application to the courts under the Act, and the process to be followed. It is strongly recommended that anyone considering an application under the Quieting of Titles Act engage legal counsel.
Certificate Made Against Crown
The courts may grant a certificate or conveyance under the Quieting of Titles Act against the Crown where the court is satisfied that the title of the applicant stems from a grant or conveyance made by or on behalf of the Crown or that subsection 36(2) of the Lands Act applies to the lands subject of the application. This process includes the applicant following proper process and serving notice of the application on the Minister responsible for Crown lands, and affording the Minister an opportunity to make representation and of being heard.
Once an application is served on the Crown the Crown Lands Division will consider the application within the scope of section 36 of the Lands Act and provide its comments back to the court for review.
Certificates To Be Registered
All certificates of title granted by the court must be registered in full in the Registry of Deeds in accordance with the Quieting of Titles Act. Please note that Crown Lands does not provide copies of certificates.
Service Of Application On The Crown
Where an application to the courts is made under the Quieting of Titles Act, the application can be served on the Minister at:
Attention: Manager of Crown Lands Administration
Department of Fisheries, Forestry and Agriculture
Government of Newfoundland and Labrador
Crown Lands Division
P.O. Box 2006
Corner Brook, NL
A2H 6J8
Telephone: 709-637-2586
Electronic copies of documentation can be emailed to: QuietingofTitles@gov.nl.ca