Our Current System – Torrens Title

95% of the privately held land in Manitoba is held under the Torrens System of title. This system provides an open to the public system, which guarantees titles to everyone with minimal cost. Therefore, the title to the land you own does not require insurance and no matter if you are rich or poor, you have the same rights and access to the system.

The Government of Manitoba insures every title in Manitoba against defect. Just think about that for a minute – every private land ownership title in Manitoba is insured against defect. This gives the confidence to owners, developers, banks, credit markets, etc. that there is security in our system and that there is stability in land ownership. It wasn’t always this way.

The System of the Future

The future of the land ownership system in Manitoba will get better if the right courses of actions are taken. Online systems are already being used and perfected to speed up land transfers and development. Costs per unit transactions have been reduced and more advances seem likely. Unfortunately, in my opinion some areas have not been considered. Mass online datasets created to help in one area can infringe on the privacy of individuals and society. Private companies and insurers benefit by having datasets created by the taxpayer for their ready use. There is currently no group to question such amalgamation of data on a serious basis.

The System We Had – Deeds

Many parts of Canada and the United States were originally held under a registry or deed system. This system was a passive system and relied heavily on costly and time consuming property rights investigations during land transfers. This system did not guarantee anything and so investment and confidence in the system was weak. Thankfully, our provincial government changed to the Torrens System of titles. Now many jurisdictions in eastern Canada and the United States are moving to such systems, but it isn’t an easy task. There are limitations to bringing land under the Torrens System, such as loss of mineral rights and other interests. If you own land under the deed or registry system and are thinking about developing or conveying that land, contact us to find out how to protect your interests.

What Does This System Mean For Me?

Well for starters you pay less. Manitoba has some of the lowest land conveyance costs of any part of Canada. Whether you need a land survey, want to subdivide land or convey property, you will pay less cost under our system, and you will require less insurance as well. You will also require less time to convey and develop land, especially given the security of the system. In other systems, the conveyance of land can take less time, but you will not have the regulatory protection either.