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Two Folios for the One Parcel?
NOTICE: The documents shown below are provided to illustrate
anomolies which can arise in land titling systems. There is no
suggestion of wrong doing on the part of any person, group or corporation
associated with these dealings or titles or their predecessors and successors in title.
The Torrens registration system is meant to ensure that there
is only one "title" to each piece of land however mistakes can
occur.
If we consider the titles 4267/27 and 55429/11 considered previously.
The following scans illustrate the problem.
In the case below, it becomes apparent that the folio 55429/11 which was first issued
on March, 1994 was actually lodged in the Lands, Titles Office in 1992.
(NOTE: The second "1" in folio 55429/11 won't appear correctly in scans of this print-out.
This would seem to indicate that there are problems with scanning title plans for example - as these
data collection mistakes would occur.)
The position that folios 55429/11 and 4267/27 are co-existing is supported by a print out of dealings in the Dispatch File of the
Lands, Titles Office which shows the two folios sharing simultaneous information with some differences.
What is of interest here is that mortgage discharge B559764 is not registered on folio 55429/11. This discharge is however
registered on the electronic folio for 4267/27.
Questions which could be put here are:
1. When a solicitor searches these titles prior to purchase which version should he or she search?
2. As Bp (Business Paper) B559764 is lodged according to the computer but that dealing is not registered then does the computer then go looking for
the document B559764 and find the document lodged under folio 4267/27?
3. Does this then mean that the folio 55429/11 is dependent on folio 4267/27?
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