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The Real Property Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 5

The Real Property Amendment and Consequential Amendments Act

(Assented to June 24, 1992)

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2           Section 18 is repealed.

3           Subsection 30(5) is repealed and the following is substituted:

District registrar may vacate claim or interest

30(5)       The district registrar may vacate the registration of a claim, reservation or interest referred to in subsection (3), where it appears that it is not valid or enforceable or has expired,

(a) 30 days after the district registrar gives notice to the person entitled to benefit by the maintenance of the claim, reservation or interest, to commence proceedings in the court with respect to the claim, reservation or interest;

(b) without notice where the claim, reservation or interest is a mineral lease that specifies an expiry date, period of time, or extension of time that has expired; or

(c) without notice where the district registrar is satisfied from the face of the record that the claim, reservation or interest has expired or has been extinguished.

4(1)        Clause 51(5)(b) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

4(2)        Subsection 51(7) is amended

(a) by repealing the section heading preceding it and substituting "Failure to file pending litigation order"; and

(b) by striking out "certificate of lis pendens" and substituting "pending litigation order".

5           Clause 58(1)(g) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

6(1)        The following is added after subsection 71(1):

Attachment to instrument as evidence

71(1.1)     The following may be attached as evidence to an instrument registered under this Act:

(a) the original of an instrument;

(b) a certified copy of an original instrument, certified as having been registered at another land titles office;

(c) a certified copy of any record, document, plan, book or paper issued by a department of the federal government, a provincial government, the Yukon Territory or Northwest Territories;

(d) a copy of a document or instrument certified to the satisfaction of the district registrar;

(e) a copy of a document or instrument authenticated by affidavit to the satisfaction of the district registrar; or

(f) a copy of a document or instrument certified by a notary public to be a true copy.

6(2)        Subsection 71(2) is amended by adding "or (1.1)" after "subsection (1)".

7           The following is added after subsection 75(7):

Execution of discharge

75(7.1)     An agent who executes an instrument registered under subsection (6) or (7) may execute a discharge of the instrument.

8(1)        Subsection 76(1) is amended

(a) by striking out "A party wall" and substituting "Subject to subsection (2.1), a party wall"; and

(b) by adding ", if all persons whose names appear on the register to have a claim or interest before the date of the agreement consent to its registration" after "thereby".

8(2)        Subsection 76(2) is amended

(a) by striking out "A declaration" and substituting "Subject to subsection (2.1), a declaration"; and

(b) by striking out "and general register".

8(3)        The following is added after subsection 76(2):

Consent not required respecting utility

76(2.1)     For the purpose of subsections (1) and (2), no consent is required with respect to a registered easement agreement for the supply of utility services, or a caveat for the same purpose.

9           The following is added after subsection 112(1):

Meaning of "utility easement"

112(1.1)    For the purpose of subsection 112(1), "utility easement" does not include an anchor easement or an agreement respecting a service drop, service line or overhead corner cut.

10(1)       Subsection 134(3) is amended by striking out "certificate of lis pendens" wherever it occurs in the section heading and in the subsection and substituting "pending litigation order".

10(2)       Subsection 134(4) is amended

(a) by striking out "certificate of lis pendens" wherever it occurs and substituting "pending litigation order"; and

(b) by striking out "the lis pendens" and substituting "the pending litigation order is".

11          Section 140 is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

12          Subsection 147(2) is amended

(a) by striking out "A notice given under subsection (1) shall be served at the place" and substituting "Notwithstanding section 167.1, a notice given under subsection (1) shall be served by registered mail addressed to the caveator at the address of the caveator";

(b) in the English version, by striking out "he" and substituting "the district registrar"; and

(c) in the French version, by striking out "au paragrahe (1)" and substituting "au paragraphe (1)".

13          The following is added after subsection 150(1):

Vacating caveat without notice

150(1.1)    Notwithstanding subsection (1), the district registrar may vacate a caveat filed against any land, mortgage, encumbrance or lease without notice, where he or she is satisfied from the face of the record that the interest claimed in the caveat has expired or been extinguished.

14(1)       Subsection 154(1) is amended by striking out "the province" and substituting "Canada".

14(2)       Subsection 154(2) is amended by striking out "legal descriptions of both the servient tenancy and the dominant tenancy" and substituting "the legal description of the servient tenement and dominant tenement".

15          Subsection 162(2) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

16          Clause 165(1)(b) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

CONSEQUENTIAL AMENDMENTS

THE CITY OF WINNIPEG ACT

S.M. 1988-1989, c. 10 amended

17(1)       The City of Winnipeg Act is amended by this section.

Section 265 repealed

17(2)       Section 265 is repealed.

COMING INTO FORCE

Royal assent

18(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Proclamation: section 2

18(2)       Section 2 comes into force on a day fixed by proclamation.