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The Real Property Act

C.C.S.M. c. R30

The Real Property Act

1 Definitions
2 (1) Meaning of "issued under this Act"
(2) Reference to "certificate of title"
(3) Reference in other Acts
(4) Meaning of joint tenants
(5) Subject to new system
(6) When registration is completed and takes effect
(7) Extent of lien
(8) Equitable doctrines about notice abolished
OBJECTS OF THE ACT
3 Objects of the Act
SERVICE PROVIDER
3.1 LG in C may designate service provider
3.2 (1) Collection and retention of fees
(2) Retained amount
3.3 Not Crown agent
3.4 Service provider's duties
3.5 (1) Government records
(2) Public access
(3) Confidential records
(4) Service provider must provide records to minister
(5) Definition of "record"
3.6 (1) Collection, use and disclosure of information
(2) Protection of privacy
(3) Privacy policy
(4) Publication of policy
3.7 (1) Conflict of interest policy
(2) Content of policy
3.8 Employment of district registrars not practice of law
3.9 Employment of examiners not practice of land surveying
3.10 Agreement respecting designation and revocation of officials
LAND TITLES DISTRICTS AND OFFICES
4 (1) Land titles district
(2) Land titles office
(3) Present districts and offices continued
5 Repealed
6 Old registrations continue
7 Certain registrations invalid
8 Effect after change of system
9 Certified copies for new districts
10 Effect of change of district
11 (1) Office and registration hours
(2) Repealed
(3) Closing on other days
(4) Effect of order
11.1 Payment of prescribed fees
OFFICIALS
12 (1) Appointment of Registrar-General
(2) Oversight by Registrar-General
(3) Registrar-General's rules of practice
(4) Compliance with rules
(5) Delegation of duties
12.1 (1) Deputy Registrar-General
(2) Deputy to assist Registrar-General
12.2 Qualifications
12.3 Reference to Registrar-General
13 (1) Designation of district registrars
(2) Designation of deputy district registrars
(3) Revocation of designation
(4) Qualifications
(5) District registrars and deputies interchangeable
(6) Deputy to assist district registrar
(7) Delegation of duties
13.1 (1) Designation of Examiner of Surveys
(2) Designation of deputy examiners of surveys
(3) Revocation of designation
(4) Qualifications
(5) Powers and duties of deputy
(6) Deputy to assist Examiner of Surveys
(7) Delegation of duties
13.2 (1) Disclosure
(2) No adverse employment action
(3) Prohibited measures
(4) Complaint to Manitoba Labour Board
(5) Annual report
14 (1) Daily record of district registrar
(2) Serial number of rejected instrument
15 Certain books
16 Repealed
17 (1) Repealed
(2) Repealed
18 Repealed
19 Repealed
20 (1) Repealed
(2) Books in another office
(3) Production of certified copies
(4) Cost of certified copies
21 Repealed
POWERS AND DUTIES OF DISTRICT REGISTRARS
22 (1) Powers
(2) Appointment of special examiner
(3) Microfilming of registered documents
(4) Certified copy as proof
(5) Destruction of instruments
(6) Proof of lost instruments
(7) Substitute title
(8) Entire register destroyed
(9) Date of substitute title
(10) Where evidence not available
(11) Effect of substitute certificate
(12) Substitute instruments
23 (1) Correcting
(2) Original words not to be erased
(3) Effect of correction
24 (1) District registrar may summon
(2) Refusal to obey the summons
(3) Jurisdiction of court
25 Form and enforcement
26 (1) Dispensing with production of duplicate title
(2) Non-production to be accounted for
(3) Repealed
(4) Repealed
(5) Dispensation with production
APPLICATIONS UNDER THE ACT
CROWN GRANTS
27 Land granted by Crown
28 Issue of certificate of title
WHERE LAND UNDER OLD SYSTEM
29 (1) Application
(2) Reduction of fees
30 (1) Effect of filing application
(2) Filings in the application
(3) Vacating of prior claims
(4) Order to vacate claim
(5) District registrar may vacate claim or interest
(6) Method of giving notice
(7) Appl. of secs. 150 to 152
(8) Proceedings to establish right
(9) Restriction on further registration
31 (1) Land in one application
(2) Variations of restrictions
32 (1) Plan may be required
(2) Land subject to mortgage
33 (1) Undivided interests
(2) Restriction on subsec. (1)
34 (1) Application on behalf of infant or person of unsound mind
(2) Application by guardian
(3) Application by attorney
35 (1) Direction to issue certificate
(2) Effect of direction
(3) Application of Homesteads Act
36 (1) Withdrawal of application
(2) Expenses of caveator on withdrawal
37 Rejection of application
38 (1) Appl. for additional land required
(2) Waiver of subsec. (1)
(3) Approval under Planning Act
(4) Meaning of "grantee" and "grantor"
39 Entry in old system
40 (1) Effect where direction filed
(2) Direction not notice of right
(3) Consent of directee
(4) Rights of parties saved
41 (1) Service on adverse claimants
(2) Substitutional service
42 Patents accepted as final
43 Issue of certificate
44 Proclamation
TAX SALE APPLICATIONS
45 (1) Appl. by tax purchaser
(2) Effect of notice
(3) Application including several parcels
(4) Power of district registrar
(5) Land subject to registered instruments
(6) Application of sections
46 Cancellation of certificate
47 (1) Meaning of "mines and minerals"
(2) Exceptions from title issued
(3) Title extinguished
(4) Proof of vesting
TRANSMISSIONS
48 (1) Transmission on death
(2) When entitled
(3) Expropriated land
(4) Dispensing with production
49 (1) Assignment to creditors
(2) Trust position not to appear
(3) Custodian of Enemy Property
50 (1) Joint tenancies
(2) Action of district registrar
51 (1) Title by accretion
(2) Supporting material
(3) Form and consents
(4) Dispensing with consent
(5) Notice where failure to consent
(6) Service of notice
(7) Failure to file pending litigation order
(8) Certificate of title
ISSUING CERTIFICATES OF TITLE
52 (1) Form of title
(2) No duplicate title to be issued
(2.1) Existing duplicate titles may be destroyed
(3) When title deemed issued
(3.1) Effective date of title, certificate of title
(4) Successive transfers
(5) Effect of memorial
(6) Definitions
53 Repealed
54 Date of certificate of title
55 (1) Certificate to executor
(2) Effect
56 (1) Uncancelled title
(2) District registrar to attach order
(3) Books to be repaired
(4) Conversion to electronic titles
57 (1) Cancellation
(2) Lands removed
(3) Plan of survey
(4) Land acquired subject to change
EFFECT OF CERTIFICATES
58 (1) Restrictions on certificate
(1.1) Non-application
(2) Highways
(3) Limitation on subsection (2)
(4) Meaning of "fractional"
59 (1) Conclusive evidence — title paramount (indefeasible)
(1.1) Exception — title subject to section 58
(1.2) Exception — fraud or wrongful act by owner
(1.3) Exception — owner deprived due to fraud or wrongful act
(2) Two certificates for same land
(3) Court order — two certificates for same land
60 (1) Production of title
(2) Certificate of search
(3) Record of Title and Status of Title
61 (1) Void against title by possession
(2) Title by possession abolished
62 (1) No actions of ejectment
(2) Certificate of title absolute bar
REGISTRATION OF TITLES AND OTHER INSTRUMENTS
63 (1) Registration Details Application
(2) Repealed
(3) Deemed embodied in register
(4) District registrar to file instrument
(5) Approved form document prevails
64 Priority of registration
65 (1) Effect of certificate of registration
(2) Issue of new certificates of title
66 (1) Instruments unfit for registration
(2) Illegible instrument
(3) Documents registered in series
(4) Registration essential
(5) Instruments in old form
(6) Mortgage in the old system
66.1 (1) Instrument affecting Crown oil and gas rights
(2) Correction by district registrar
67 (1) All land must be in same district
(2) Registration in more than one district
68 Disclaimer of estate or interest in land
69 Entries in General Register bind all land
70 Entries in Deposit Register
71 (1) Registration in Deposit Register
(1.1) Attachment to instrument as evidence
(2) No compensation
Evidence Necessary for Registering Instruments
72 (1) Application
(2) Definitions
72.1 Evidence required for each instrument
72.2 Party cannot also witness execution
72.3 Affidavit, etc., not to be sworn before party
72.4 (1) Proving execution of instruments
(2) Non-application
Transfers Executed Within Canada
72.5 (1) Transfers witnessed by barristers or solicitors
(2) Transfers witnessed by notaries
(3) Exception — particular circumstances
(4) Other witnesses
(5) Required witness information to prove execution
(6) Effect of witness's signature
Transfers Executed Outside Canada
72.6 (1) Witness to transfer executed outside Canada
(2) Applicable provisions — witness
(3) Execution by notary public under Evidence Act
Mortgages Executed Within Canada
72.7 (1) Mortgages witnessed by barristers or solicitors
(2) Mortgages witnessed by notaries or financial institutions
(3) Applicable provisions re execution of mortgage
Mortgages Executed Outside Canada
72.8 (1) Witness to mortgage executed outside Canada
(2) Applicable provisions — witness
(3) Execution by notary public under Evidence Act
Execution of Other Instruments
72.9 (1) Instruments witnessed
(2) Affidavit of execution
(3) Execution by barrister, solicitor or other officer
73 (1) Address for mailing
(2) Registered address
(3) Change of address
74 Priority
75 (1) General register to be maintained until 1989
(2) No new registrations to be made in general register
(3) Registrations in general register to lapse
(4) Notice to claimants
(5) Renewal where no legal description
(6) Renewal where legal description
(7) Registration of new instruments
(7.1) Execution of discharge
(8) Entry on abstract of title
(9) Names must be identical
(10) Non-identical name
(10.1) Statement in support of registration under subsection (7)
(10.2) Liability for instrument under subsection (7)
(10.3) Joint liability
(11) Owners to be notified
(12) Lapsing of instrument
(13) Manner of service
(14) Crown bound
76 (1) Party wall, right of way and easement agreements
(2) Effect of declaration
(2.1) No consent for respecting statutory easements, etc.
(3) Effect of registration of declaration
(4) Party wall, right of way, and easement agreements
(5) Discharge of party wall agreement
76.1 Definition of "registered owner"
76.2 (1) Registration of development scheme
(2) No consent for statutory easements, etc.
(3) Requirements — declaration or agreement
(4) When restriction is negative in effect
(5) Land not required to be contiguous
76.3 (1) Effect of registration
(2) Effect of other obligations being included
76.4 (1) Changes ordered by Municipal Board
(2) Amending or discharging scheme
(3) No consent required — statutory easement, etc.
76.5 (1) Definitions
(2) Registering agreement
(3) Entry on title
(4) Registering amendment
(5) Discharging registration
(6) Transitional
77 Implied covenants in transfer
77.1 (1) Definition of "residential mortgage"
(2) Definition of "borrower"
(3) Liability under "personal covenant" or "covenant"
77.2 (1) Personal covenant in residential mortgage
(2) Application to mortgage payable without demand
(3) Liability under mortgage payable on demand
(4) Waiver of benefit
77.3 (1) Liability ceases on approval of new mortgagor
(2) Mortgagor may request approval
(3) Mortgagee may require information and fee
(4) Approval not to be unreasonably withheld
(5) Mortgagor may apply to court for approval
77.4 Service in accordance with mortgage or Queen's Bench Rules
78 Unregistered instrument
79 (1) Severance of joint tenancy
(2) Service of notice
(3) Court order for further action
(4) Extension of time
(5) Earlier effect of severance
80 (1) Definitions
(2) Protection for person accepting transfer
(3) Knowledge of trust
81 (1) No entry of trusts
(2) Refusal of registration
(3) District registrar need not inquire
82 (1) Implied covenants may be modified
(2) Proceedings on implied covenant
(3) Effect of implied covenant
(4) Covenants several, not joint
83 (1) Power of attorney
(2) Revocation or notice of death filed
84 Death between execution and reg.
TRANSFERS
85 (1) Transfer of land
(2) Easements not to be registered
(3) Declaration re farm instruments
(4) Repealed
(5) District registrar may refuse registration
(5.1) Reliance on statutory declaration
(6) Regulations
(7) Repealed
(8) Repealed
(9) Who may make statutory declaration
(10) and (11) Repealed
(12) Farm Lands Ownership Act
(13) Repealed
86 Restrictions on fractional interests
87 Order in Council deemed a transfer
88 (1) Owner may transfer to self and other
(2) Executor may transfer to self
89 Instrument from receiver
90 Words of limitation not necessary
LEASES
91 (1) Form of lease
(2) Surrender of lease
(3) Renewals of leases
(4) Amendment of term of life lease
92 Implied covenants
93 Implied powers in lessor
94 Notation of re-entry by lessor
95 Consent of mortgagee to lease required
MORTGAGES AND ENCUMBRANCES
96 (1) New system mortgage or encumbrance
(2) Execution before land under this Act
(3) Fractional interests
(4) Registration of standard terms
(5) Serial number of standard terms
(6) Repealed
(7) Mortgage to include standard terms
(7.1) No liability for incorrect reference
(8) Term may be varied or amended
(9) Mortgage to refer to only one set
(10) Express term to prevail
(11) Limitation on registration of set
(12) Mortgagee to provide copy
(13) Registrar General authorization required
97 Mortgages to secure future liability
98 Mortgage does not transfer any estate
99 Registration in application
100 (1) Production and destruction of duplicate title
(2) Repealed
101 (1) Transfer of mortgage
(2) Registration to pass rights
(3) Right of transferee to sue on mortgage
(4) Mortgage of mortgage deemed a transfer
(5) Discharge by mortgagee of a mortgage
(6) Prohibition
102 Assignment of mortgage
103 (1) Discharge of mortgage
(2) Effect of partial discharge
(3) Meanings
104 Discharge of encumbrance
105 (1) Repayment of mortgage moneys
(2) Payment into court
(3) Disposal of moneys paid in
105.1 (1) Interest holder to register discharge of interest
(2) Notice of discharge
(3) Charge for providing discharge
106 (1) Statute barred mortgage
(2) Court to grant order
107 Registrar-General may order discharge
108 Notice of builders' lien
109 (1) Registration of postponement
(1.1) Execution of postponement
(2) Effect of registration of postponement
110 (1) Variation of mortgage or encumbrance
(2) Consent of all affected persons
(3) Effect of agreement
(4) Meaning of "encumbrance"
111 (1) Definition of "eligible grantee"
(2) Granting right that is registrable as a statutory easement
(3) Activities and undertakings
(4) Applicable to old and new system land
(5) Liability of grantor limited
(6) Interpretation of "instrument"
111.1 (1) Right becomes statutory easement on registration
(2) Registration of statutory easement
(3) Declaration also required
111.2 (1) Definition of "right analogous to an easement"
(2) Transition — rights analogous to easements
(3) Current interest in land not required to register a right
(4) Registration without current interest time limited
(5) Registration after time limit does not create statutory easement
111.3 (1) Limitation on assignment or transfer
(2) Declaration required
111.4 (1) Discharge of statutory easement
(2) Effect of discharge
111.5 (1) District registrar may vacate statutory easements
(2) When district registrar may take action
(3) Restriction
(4) Service of notice
112 (1) Issue of statutory easement titles
(2) Requirements for title to issue
(3) Registered encumbrances on titles
(4) Cancelling a statutory easement title
(5) Easement title may be transferred
(6) Requirements to subdivide easement title
113 Mortgagee's rights
114 (1) Right to lease land
(2) Effect of lease by mortgagee
115 When acceleration clause not binding
116 Interpretation of encumbrances
PLANS
117 (1) Plans of subdivision
(2) Application of subsection (1)
(3) Approval required for registration
(4) Form of approval
(5) Requirements of Registrar-General
(6) Nature of plan
(7) Authority as to survey of subdivisions
(8) Clause (6)(e) dispensed with
(9) Signature in respect of parcel
(10) District registrar to deliver one of the plans
(11) Registered within 60 days
(12) Delegation of authority
118 Consents
119 (1) Plans dedicating streets
(2) Title to streets
(3) Definition of "pipeline easement"
120 Certain sales may be rescinded
121 (1) Plans for simplifying descriptions
(2) Correction of errors for special plot
(3) Approval of special plot
(4) Effect of registration of special plot
(5) Conveyance of portion of special plot
(6) Alternative to plans
122 Correction of registered plan
123 Certifying copies of plans
124 (1) Plan for opening roads and drains
(2) Plans forwarded Examiner of Surveys
(3) Registration to affect both systems
(4) Lot from which lane taken
125 (1) Plans of right-of-way
(2) One of the plans to be forwarded
126 Railway lands
127 (1) Requirement for plan of survey
(2) Notice of intention that plan required
(3) Approval of local authority
(4) Accompanying documents
(5) Approval under Planning Act
128 (1) Plans to be certified by a Manitoba land surveyor
(2) Bearings to be astronomic
(3) Evidence for unsurveyed boundaries
(4) Plan based on land titles records
129 Verification of survey
130 Waiving requirements on Crown land
131 Copies of plans
132 Use of International System
133 (1) Interpretation
(2) Creation of air space parcels
(3) Requirements of the plan
(4) Parcel may be subdivided
PROCEEDINGS IN LAND TITLES OFFICES MORTGAGE SALE AND FORECLOSURE PROCEEDINGS
134 (1) Notice of sale on default
(2) Breach to be declared by judge
(3) Effect of pending litigation order
(4) Status of plaintiff
135 (1) Application for order to sell
(2) Proof of matters stated
(3) District registrar may make order for sale
136 (1) Conveyances by mortgagee after sale
(2) Purchaser not to see to application
(3) Application thereof
137 Vesting of title in purchaser
138 (1) Foreclosure of mortgage or encumbrance
(2) Application for foreclosure
(3) Notice to redeem
(4) When foreclosure notice not required
(5) Extending time for redemption
(6) Service of notice
(7) Land must be under Act
139 (1) District registrar may publish notice
(2) Order of foreclosure
(3) Registration of foreclosure order
140 Notice of sale proceedings
141 Land subject to registered instruments
142 (1) Statutory declaration
(2) Who may make statutory declaration
(3) Court order re farmland
(4) District registrar may refuse to issue order
(5) Reliance on statutory declaration
(6) Regulations
(7) Family Farm Protection Act
143 (1) Taxation of costs
(2) Tariff
(3) Appeal to Registrar-General
(4) Decision of Registrar-General final
144 Rules
CAVEATS ON APPLICATION TO BRING LAND UNDER NEW SYSTEM
145 Who may file caveat
146 Duty of district registrar
147 (1) Lapse of caveat
(2) Service of notice
CAVEATS AFTER LAND IS BROUGHT UNDER NEW SYSTEM
148 (1) Caveat after title under new system
(2) Exception
(3) Right of caveator continues
148.1 Caveat — right to have registration revised
149 (1) Caveats under the Bank Act
(2) Form of caveat
(3) Legal description required
(4) Priority of taxes
(5) Remedies of municipality not affected
150 (1) Notice to proceed
(1.1) Vacating caveat without notice
(2) Service of notice
(3) Stay of dealing with land ordered
151 Extension of time
152 Effect of caveat
CAVEATS GENERALLY
153 Notice to caveatee
154 (1) Contents of caveat
(2) Caveat to show both tenancies
(3) Affidavit in support
(4) Rejection of imperfect caveat
155 Priority secured by caveat
156 (1) Assignment of caveats
(2) Effect of filing of assignment
(3) Address for mailing
(4) Old system mineral lease
157 (1) Discharge of caveat
(2) Discharge by attorney or agent
(3) Building restriction caveats
(4) Discharge by subsequent owners
(5) Vacating of caveat
158 Lapsing of caveats for specific terms
158.1 Lapsing of development schemes
159 (1) Expiry of building restriction caveats and development schemes
(2) Vacating building restriction caveats and development schemes
160 Liability for wrongful caveat
161 Proceedings before lapse of
162 (1) Proceedings on caveat
(2) Statement of claim
163 (1) Application to discharge caveat
(2) Disposal of certain caveats
(3) Court order
(4) Order for payment out of court
164 Proceeding after disposal of caveat
165 (1) Filing after withdrawal
(2) District registrar may file a caveat
SERVICE OF NOTICES AND PROCEEDINGS
166 Service as in suits
167 Corporations or partnerships
167.1 Notice by mail
168 (1) Where person has died
(2) Method of service
169 Repealed
PROCEEDINGS BEFORE REGISTRAR-GENERAL
General Provisions
169.1 (1) Applicable proceedings
(2) Proceedings before Registrar-General instead of court
(3) Rules of practice and procedure
(4) Powers under Evidence Act
(5) Application
(6) Providing information
(6.1) Informal resolution
(7) Registering notice of application
(8) Hearing
(9) Notice of hearing
(10) Conduct of hearings
(11) Hearings conducted orally or in writing
Orders Made by Registrar-General
169.2 (1) Application to Registrar-General
(2) Order
(3) Serving and registering order
Appeal of Registrar-General's Order
169.3 (1) Appealing Registrar-General's order to court
(2) Registrar-General's order stayed
(3) Registrar-General entitled to be heard
(4) Decision on appeal
Registrar-General's Report and Confirmation by Court Order
169.4 (1) Application to Registrar-General for report
(2) Report
(3) Application to court to confirm report
(4) Report must be confirmed
(5) Serving report and court application
(6) If confirmation of report opposed
(7) Registrar-General entitled to be heard
(8) Court order
(9) Confirmed report is court order
(10) Serving and registering order
Registrar-General Declines to Hear or Determine Application
169.5 (1) Registrar-General may decline to hear or determine application
(2) Court proceedings
(3) Court order if applicant initiates court proceedings
PROCEEDINGS GENERALLY
170 Informality
171 Proceedings not to abate by death
172 (1) Guardian, committee or substitute decision maker may act
(2) Appointment of guardian ad litem
JURISDICTION OF COURT BY WAY OF APPEAL
173 (1) Appeal from decision of district registrar
(2) Disposition of appeal
174 Reference by Registrar-General
175 (1) Witnesses may be summoned
(2) Appeal
IN ACTIONS GENERALLY
176 (1) Orders by judge
(2) Title to be safe-holding
(3) Referral to the Registrar-General
177 (1) Mortgage partly secured on personalty
(2) Trusts, mortgages and debentures
178 (1) Owner to allow use of name
(2) Indemnity of owner
179 Documents as evidence in actions
180 (1) Instrument admissible
(2) Custody of district registrar
(3) Register to be returned
ASSURANCE FUND
181 (1) Assurance fund
(2) Repealed
(3) Investment of assurance fund
(4) Rate of interest
(5) Repealed
COMPENSATION
182 Compensation from assurance fund
182.1 Claim against government
183 (1) Amount of compensation re estate or interest in land
(2) Amount of compensation — mines and minerals
(3) Effective date of compensation
184 (1) Time limit
(2) Time limit for person claiming through predecessor
185 Fraud or wrongful act bar to compensation
186 No compensation if caveat not registered
187 No compensation if notice of severing joint tenancy
188 No compensation re district registrar's notice
189 No compensation if relying on duplicate title
190 (1) Actions — trusts, corporations and municipalities
(2) Definition of "municipality"
Payment of Compensation
191 (1) Effect of compensation order
(2) No further compensation
192 (1) Compensation payable from assurance fund
(2) Payment from Consolidated Fund
MISCELLANEOUS PROVISIONS
192.1 Subrogation
192.2 (1) Liability protection
(2) Limits on liability of employer
(3) "Employee of a land titles office" defined
193 (1) Penalties
(2) Penalty — individuals
(3) Penalty — corporations
(4) Order for restitution
(5) Limitation
(6) Filing restitution order in the court
193.1 Forms approved by Registrar-General
194 Effect of statement
195 Regulations
196 Repealed