Humber/Ontario Real Estate Course 3 Exam Practice

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Which of the following would NOT be part of a non-title search?

  1. Certificates concerning the waste disposal system in a rural home.

  2. Assurance that the present use conforms to zoning bylaws.

  3. An issue involving non-compliance with the Planning Act when the property was originally severed.

  4. A minor, unregistered utility easement on the property.

The correct answer is: An issue involving non-compliance with the Planning Act when the property was originally severed.

The correct response identifies an issue involving non-compliance with the Planning Act when the property was originally severed as something that would not be part of a non-title search. Non-title searches typically focus on matters that do not directly relate to the legal ownership of the property but might affect its use and condition. These searches help to identify issues that a prospective buyer or interested party should be aware of prior to proceeding with a transaction. Non-compliance with the Planning Act generally involves a review of permits, applications, and regulations that govern land use and development—these matters are typically tied to the property's title and legal description. Therefore, they fall outside the purview of a non-title search, which primarily assesses concerns such as zoning compliance and property use. In contrast, the first option relates to environmental concerns about waste disposal systems, which is crucial for understanding the property's condition and potential liability. The second option ensures that the property's use aligns with zoning bylaws, which can heavily impact its value and usability. The fourth option about an unregistered utility easement may indeed affect usage rights and obligations but does not convey ownership; however, it can still be relevant in assessing property use. Thus, these elements are considered in a non-title search while compliance issues with the