It is a gnarly one.
A Trust cannot own a property because a Trust is not a legal entity. It is referred to as a legal obligation, as I understand it.
Upon trust, the Trustees "stand possessed" of the Trust's assets.
Therefore the Trustees are (while the Trust remains valid) de facto 'owners' of the property that they hold upon trust, pursuant to the obligations imposed upon them by the Trust Deed. It is the Trustees name[s] which will appear on the CoT.
The RTA does not define 'owner' in its Interpretation section, so the word's meaning will be as prescribed by some other Act, I suppose.
The Land Act
A Trust cannot own a property because a Trust is not a legal entity. It is referred to as a legal obligation, as I understand it.
Upon trust, the Trustees "stand possessed" of the Trust's assets.
Therefore the Trustees are (while the Trust remains valid) de facto 'owners' of the property that they hold upon trust, pursuant to the obligations imposed upon them by the Trust Deed. It is the Trustees name[s] which will appear on the CoT.
The RTA does not define 'owner' in its Interpretation section, so the word's meaning will be as prescribed by some other Act, I suppose.
The Land Act
owner—
(a) means the owner of a legal or an equitable estate or interest in land; and
(b) includes a person who has a future estate or interest in land
(a) means the owner of a legal or an equitable estate or interest in land; and
(b) includes a person who has a future estate or interest in land
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