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Fifth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 32

THE REAL PROPERTY AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R30 amended

1           The Real Property Act is amended by this Act.

2           Subsection 45(5) and section 141 are amended by adding ", easements as set out under subsection 111.1(1)" after "subsection 111(1)".

3           Subsections 67(2) and 154(2) are amended by striking out "subsection 111(1)" and substituting "subsection 111(1) or 111.1(1)".

4           The following is added after clause 109(1)(f):

(f.1) an easement under section 111.1;

5           The following is added after section 111:

Statutory easements

111.1(1)    An easement for a purpose listed in clauses 111(1)(a) to (g), or for any similar purpose, may be created in favour of a party referred to in clause 111(1)(h) or (i) by an instrument in writing executed

(a) by the owner of the land;

(b) by any person entitled to be registered as owner of the land; and

(c) if the land has been sold by agreement for sale, by both the vendor and the purchaser under the agreement, or by their personal representatives or assigns;

regardless of whether its benefit is appurtenant or annexed to any land of the party.

Registration of statutory easement

111.1(2)    The grantee or transferee of an instrument under this section may

(a) register it, if the land is under the old system; or

(b) if the land is under the new system, file a caveat that has a copy of the instrument attached to it;

in the land titles office of the district in which the land is situated.

Easement runs with the land

111.1(3)    An easement created by an instrument under this section is an interest in land, and, subject to subsection (4), runs with the land, except to the extent that a contrary intention appears in the instrument.

Enforceable by assigns on filing

111.1(4)    Despite section 58, where land is under the new system, an easement created by an instrument under this section enures to the benefit of the successors, personal representatives and assigns of the grantee or transferee — except to the extent that a contrary intention appears in the instrument — only if a caveat that has a copy of the instrument attached to it is filed in the land titles office of the district in which the land is situated.

Application

111.1(5)    Subsections 111(2), (4), (5) and (6) apply, with necessary changes, to an easement created by an instrument under this section.

Interpretation: "instrument"

111.1(6)    An instrument under this section includes an instrument granting an interest in land or transferring administration and control of Crown land between the Crown in right of Canada and the Crown in right of Manitoba.

Coming into force

6           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Act allows easements to be created for public purposes.