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S.M. 1993, c. 7
The Real Property Amendment Act
(Assented to July 27, 1993)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Real Property Act is amended by this Act.
2 Subsection 2(6) is amended
(a) in the section heading preceding it, by striking out "completed." and substituting "completed and takes effect"; and
3(1) Clause 52(3)(b) is amended by striking out "where a title," and substituting "in the case of a title, where".
3(2) The following is added after subsection 52(3):
52(3.1) A title or certificate of title issued under this Act takes effect from the day on which the instrument leading to its issuance is assigned a serial number, and the instrument is not rejected before the title or certificate of title issues.
4 Subsection 63(2) is amended
(a) by repealing the section heading preceding it and substituting "When instrument is registered and takes effect"; and
5 Subsection 72(4) is amended by striking out "exercising the function of a notary public or having jurisdiction or authority as a notary public in Canada, (hereinafter referred to as an officer) that officer" and substituting ", referred to in subsection (5) as an officer, the officer".
6(1) Subsection 75(10) is amended by striking out "judgment debtor" and substituting "debtor".
6(2) The following is added after subsection 75(10):
75(10.1) The district registrar shall refuse to register an instrument referred to in subsection (7) if the instrument is not supported by a statement of the claimant that he or she believes
(a) the debtor referred to in the instrument is the registered owner, or a registered owner, of the land to be charged by way of the instrument; or
6(3) The following is added after subsection 75(10.1):
75(10.2) A claimant under an instrument referred to in subsection (7) is liable to any person who sustains loss because of the initial registration or its continuance unless the court finds that the initial registration or its continuance was reasonable under the circumstances.
6(4) The following is added after subsection 75(10.2):
75(10.3) Where a statement under subsection (10.1) is registered by the attorney or agent of a claimant, the attorney or agent and the claimant are jointly and severally liable as provided in subsection (10.2).
7 Subsection 76(4) is amended
(a) by repealing the section heading preceding it and substituting "Party wall, right of way, and easement agreements"; and
(b) by adding "right of way agreement or easement agreement," after "acknowledgment of, the party wall agreement,"; and
8 Subsection 96(6) is repealed.
9(1) Subsection 112(1) is amended by striking out "together with" and substituting "by way of a caveat and shall include".
9(2) Subsection 112(4) is amended
(a) by repealing the section heading preceding it and substituting "Entries on certificate of title"; and
10 Subsection 154(2) is amended by striking out "the the" and substituting "the".
11 Section 160 is repealed and the following is substituted:
160 A claimant under a caveat is liable to any person who sustains loss because of the initial registration or its continuance unless
(a) the court finds that the initial registration or its continuance was reasonable under the circumstances; or
(b) the registration was made by the district registrar under clause 22(1)(a).
12(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.
12(2) Sections 2 and 4 and subsection 3(2) are retroactive and are deemed to have come into force on March 14, 1988.
12(3) Subsections 6(2), (3) and (4) come into force on a day fixed by proclamation.