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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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We do not seem to have clear title to our building. Can we

Customer Question

We do not seem to have clear title to our building. Can we convey the bldg. over at a cost? Do we have that right? This is an issue which has just reared its ugly head as we had the building sold we thought.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

What is registered on title?

Customer: replied 10 months ago.
Back in 1974 the title was transferred to a non-existent yet company name. The name it was registered into did not come into effect til 1980's sometime and there we sit. Since then there has been another name change and everything was registered that way but this building was not accepted because of that 1974 error.
Expert:  Legal Ease replied 10 months ago.

Are you saying you owned the company that has had its name changed twice?

Customer: replied 10 months ago.
We have always owned the building as it was deeded to us in a will but under the wrong corporate name. A quit claim deed was received in 1984 when the error was discovered and registered but some how for some reason not accepted but nowhere is that indicated in the paperwork. The lawyer now deceased who worked on the file was certainly under the impression that all was good. This was all just discovered as we had sold the property last month. The quit claim deed was obtained in July 1985 under the then corporate name. The next corporate name change came in 2008. We are a not for profit company and do not have the money to correct this issue.
Expert:  Legal Ease replied 10 months ago.

Unfortunately though the issue does have to be corrected or the property will not be able to be transferred and then the buyer will sue the not-for-profit corporation.

What you should do is speak to the registrar at the land registry office and ask what they need.

Unfortunately, it is likely that they will say you need a court order.

If that is the case then ask the lawyer who is doing your closing to recommend a lawyer that can act as your coach. The lawyer who is doing the closing may not understand how to get a court order.

Then you can retain this second lawyer on what is called a limited retainer. This is a legitimate way to work with a lawyer in Ontario. The lawyer will consider the facts and tell you what to do but you will do it. So you will go to court without the lawyer and that way the legal fees will be kept to a minimum.

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