What Happens When Property Is Brought Into Land Titles in New Brunswick?

You may have heard that a property is being "converted to Land Titles", or seen the term in a letter, a lawyer's note or a property record. It sounds technical, and it is, but the basic idea is simple: the land moves from one way of recording ownership to another.

This article explains in plain language what that move involves, who does what, and what changes for an owner afterwards. Details depend on your property and your documents, so a New Brunswick lawyer can confirm how it applies to you.

This article covers the law of New Brunswick.

Land Titles in plain words

Land Titles is a parcel-based registration system. Each parcel of land is identified by a Parcel Identifier, called a PID, and interests in that land are recorded against it. Think of the PID as the parcel's unique number in the provincial system.

The other system you will hear about is the Registry of Deeds. Registration requirements differ between Land Titles and the Registry of Deeds, which is one reason the same kind of transaction can look different depending on where the land is recorded.

The final search and the Form 3 certificate of title

When land is converted to Land Titles, a lawyer must do a final Registry of Deeds search and give Service New Brunswick the certificate of title.

That certificate is the Form 3. The Law Society of New Brunswick publishes Standards for the Practice of Real Property Law for lawyers who issue certificates of title, and the Form 3 confirms that a title search was done under those Standards.

In practical terms, this means the conversion rests on a lawyer's professional work, not just a form filled in by the owner. What that search turns up in your particular case is a question for the lawyer doing it.

What changes once the land is in Land Titles

• Describing the land by its approved PID is a sufficient description for every transaction, instrument or proceeding relating to it.
• The registrar may reject an instrument that does not describe the land by its approved PID.
• Anyone can require the registrar to issue a certificate of registered ownership, on payment of the prescribed fee.
• That certificate is evidence in all courts of its particulars as of its date and time.

The date and time matter. A certificate shows the position at the moment it was issued, so it does not tell you about anything registered afterwards.

Who can register documents

Electronic instruments can be submitted only by subscribers, meaning Law Society of New Brunswick members authorized to practise law who have an agreement with Service New Brunswick, apart from stated exceptions. That is why lawyers handle electronic registration of deeds and mortgages.

Paper submission is allowed in limited cases, such as when a registered owner submits the instrument personally. Whatever the route, instruments must be properly executed and accompanied by all the documents and approvals that go with them.

What to do next

• Find your property's PID on your deed, tax or assessment records. Note that the PID is separate from the Property Account Number used for assessment and taxation.
• Gather your current deed, any mortgage documents and survey information.
• If you receive a notice about conversion, keep it and ask a New Brunswick lawyer what it means for your property.
• Before a sale or refinancing, ask your lawyer whether the land is in Land Titles or still in the Registry of Deeds, since requirements differ.
• If you need proof of who is registered as owner, ask about a certificate of registered ownership.

Frequently asked questions