Submission of Application
5. (1) The applicant shall submit an application package described in subsection (2) to the Director of Land Registration, (a) at any time after complying with sections 2 and 3, if all of the persons who are required to be served under subsection 3 (3) have given a consent to the application; or (b) no earlier than thirty days after complying with sections 2 and 3, in all other cases. O. Reg. 514/93, s. 5 (1). (2) An application package shall contain, (a) a copy of the application and the notice of application showing particulars of their registration in the land registry office as required by subsections 2 (3) and 3 (2) respectively; (b) an affidavit in Form 4 signed by, (i) the applicant, if the applicant is not a corporation, or (ii) a person who is authorized to bind the corporation, if the applicant is a corporation; (c) a typewritten abstract of the title to the subject land, prepared by the applicant’s solicitor in accordance with good conveyancing practice and containing, with respect to each instrument registered or document deposited on title, (i) the registration number or deposit number of the instrument or document, (ii) the nature of the instrument or document, (iii) the date of registration or deposit, (iv) a full description of the parties named in the instrument or document, the relationship between them, where given, and the nature of their tenure, (v) a full description, from the instrument or document, of the land with which the instrument or document purports to deal, including all easements, rights of way or other rights to which the land is subject or that are appurtenant to the land, or a reference to an identical description previously set out in full, (vi) if the instrument is an encumbrance, the particulars of the encumbrance, (vii) the particulars of every claim, interest, defect or omission in the instrument or document that may adversely affect the title to the subject land, and (viii) in the case of an instrument or document that creates a right of way or other easement for the benefit of land other than the subject land, the name and address for service of the owners of the other land according to the records of the land registry office for title to the other land; (d) a copy of the original grant from the Crown of the subject land; (e) a typewritten title tree prepared by the applicant’s solicitor showing the chain of ownership of the title to the subject land; (f) copies of all instruments and documents by which all title claimed by the applicant in the subject land is held; (g) copies of all instruments by which registered rights of way and other easements in the subject land were created; (h) a white print of every plan or sketch referred to in an instrument or document affecting the subject land, and of every registered or deposited plan that shows lands included in the subject land or lands adjoining the subject land; (i) if any of the subject land has been divided into parcels for abstract purposes under clause 83 (3) (b) of the Registry Act, a statement of the applicable new heading in the abstract index; (j) a sheriff’s certificate with respect to writs of execution against the applicant and all previous owners appearing on the abstract of the subject land described in clause (c); (k) a statement by the applicant’s solicitor containing, with respect to each person who could claim an encroachment over the subject land or an unregistered right of way or other easement in the subject land according to the draft reference plan, (i) the name and address for service, (ii) a full description of the land in which the person could claim an encroachment or an unregistered right of way or other easement; (l) a typewritten abstract prepared by the applicant’s solicitor with respect to all adjoining land and containing, with respect to each person who is an owner, a mortgagee or chargee in possession according to the records of the land registry office for the title to the adjoining land, or an owner of a registered right of way or other easement touching the subject land, (i) the name and address for service, (ii) the particulars of registration of the instrument by which the person acquired an interest in the adjoining land, and (iii) a full description, from the instrument described in subclause (ii), of the land with which the instrument purports to deal; (m) a statement by the applicant’s solicitor containing, with respect to every ministry, board, commission or agency of the Government of Ontario or the Government of Canada, including Ontario Hydro, and every municipality, including a metropolitan, regional and district municipality and the County of Oxford, if the ministry, board, commission, agency or municipality has an unregistered interest in the adjoining land, (i) the name and address for service, (ii) a full description of the land in which the ministry, board, commission, agency or municipality has an unregistered interest; (n) if any of the subject land or the adjoining land is in a part of Ontario designated under Part II of the Land Registration Reform Act, a statement of the property identifiers assigned to the land under subsection 141 (2) or (4) of the Land Titles Act or subsection 21 (2) or (4) of the Registry Act; (o) six prints of the draft reference plan described in subsection 2 (2), one of which shall form part of the applicant’s affidavit described in clause (b), one of which shall form part of the certificate described in clause (q) and one of which is the print mentioned in clause (t); (p) a certificate of the applicant’s solicitor in Form 5 with respect to the title of the applicant to the subject land; (q) a certificate in Form 6 of the Ontario Land Surveyor who prepared the draft reference plan described in subsection 2 (2); (r) a certificate of the applicant’s solicitor in Form 7 with respect to the service of documents required by subsection 3 (3); (s) with respect to all persons who were served with documents as required by subsection 3 (3), (i) proof of service in a form approved by the Director of Land Registration, and (ii) all documents that the applicant served under subsection 3 (3) by registered mail and that the post office returned as undelivered; (t) one of the prints of the draft reference plan mentioned in clause (o), which print, (i) indicates the location and extent of the interest in the subject land or the adjoining land held by each of the persons who were served with documents as required by subsection 3 (3) or who gave a consent under subsection 5 (2) of the Act, and (ii) for each location states the name of each of the persons mentioned in subclause (i) and states whether the person has filed a statement of claim under subsection 4 (1) that has not been withdrawn; (u) originals of all consents given by persons described in subsection 5 (2) of the Act; (v) originals of all statements of claim, withdrawals of statements of claim and correspondence received by the applicant’s solicitor from persons under subsection 4 (1) who were served with documents and copies of all correspondence sent by the applicant’s solicitor to those persons; (w) a report of the applicant’s solicitor describing the resolution that was made of all statements of claim that were withdrawn; and (x) a draft certificate of title in Form 8 prepared by the applicant’s solicitor showing all the encumbrances, claims, interests, defects and omissions to which title to the subject land is subject. O. Reg. 514/93, s. 5 (2). (3) In addition to the requirements of subsection (2), distances in legal descriptions of land in any of the material mentioned in that subsection shall be stated using the decimal system in feet or metres if they are not already stated in that way in the instrument or document in which the legal descriptions occur. O. Reg. 514/93, s. 5 (3). Decision on Application