Under the Land Title Act (the “Act”), a duplicate indefeasible title (“Duplicate Title”) is an important document and if obtained from the Land Transfer Survey Authority (the “LSTA”), it should be securely delivered and kept in a secure location.
If you don’t have a mortgage on your property and your property is not subject to an agreement for sale, you can obtain your property’s Duplicate Title from the LTSA (section 176 of the Act).
Obtaining the Duplicate Title for your property can provide you with security against fraud. When Duplicate Title is obtained from the LTSA it acts as a barrier to transferring title to another person, as title cannot be transferred until it is returned (section 189 of the Act). Some lenders may also request that they hold the Duplicate Title as a condition of a loan.
To obtain your property’s Duplicate Title you must apply to the LTSA with the proscribed form (Form 22), ensuring that all particulars are accurate pursuant to the property’s title and you must also pay the applicable fee. As this is an important document, you also want to ensure that the delivery method is secure and picking it up in person is an option.
Once you have the Duplicate Title you will want to ensure it is kept in a safe place, as if you misplace the Duplicate Title you then need to go through the process of obtaining a provisional certificate of title from the LTSA (section 193 of the Act). To obtain a provisional certificate you must provide detailed information, including proving you lost the Duplicate Title by supplying a sworn affidavit and the entire process can be lengthy.