HomeC.C.S.M. c. R30
The Real Property Act
| Back to the Act | Regulations |
| 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 |
| OBJECTS OF THE ACT | |
| 3 | Objects of the Act |
| LAND TITLES DISTRICTS AND OFFICES | |
| 4(1) | Land titles district |
| (2) | Land titles office |
| (3) | Present districts and offices continued |
| 5 | Buildings |
| 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) | Offices to be open certain days and hours |
| (2) | Registration hours |
| (3) | Closing on other days |
| (4) | Effect of order |
| DISTRICT REGISTRARS AND OFFICIALS | |
| 12(1) | Appointment |
| (2) | Appointment of Registrar-General |
| (3) | Appointment of Examiner of Surveys |
| (4) | Duties of staff |
| (5) | Duties of Registrar-General |
| (6) | Reference to Registrar-General |
| (7) | Reference by a person |
| (8) | Certain officers to be barristers |
| (9) | Examiner of Surveys |
| 13(1) | Appointment and powers of deputies |
| (2) | When deputy to act |
| (3) | Dist. regs. and deps. interchangeable |
| (4) | Authority to act for dist. reg. |
| 14(1) | Daily record of dist. reg. |
| (2) | Serial number of rejected instrument |
| 15 | Certain books |
| 16(1) | Officers not to act as agents |
| (2) | Penalty |
| 17(1) | When fees to be paid |
| (2) | |
| 18 | |
| 19(1) | Dist. reg. to keep account |
| (2) | Official not to retain fees |
| (3) | Penalty for retaining |
| 20(1) | Dist. reg. not compellable |
| (2) | Books in another office |
| (3) | Production of certified copies |
| (4) | Cost of certified copies |
| 21 | Officers not liable |
| 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) | |
| (4) | |
| (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 encumbrances |
| (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 | |
| 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 |
| (2) | Highways |
| (3) | Limitation on subsec. (2) |
| (4) | Meaning of "fractional" |
| 59(1) | Conclusive evidence |
| (2) | 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) | When instrument is registered and takes effect |
| (3) | Deemed embodied in register |
| (4) | Dist. reg. to file instrument |
| (5) | Prescribed 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 interest |
| 69 | Entries in G.R. bind all land |
| 70 | Entries in Deposit Register |
| 71(1) | Registration in Deposit Register |
| (1.1) | Attachment to instrument as evidence |
| (2) | Assurance Fund not liable |
| 72(1) | Evidence necessary for registration |
| (2) | Making and signing of affidavits |
| (3) | Not to be sworn before party |
| (4) | Witness to signature |
| (5) | Effect of signature of witness |
| 73(1) | Address for mailing |
| (2) | Registered address |
| (3) | Change of address |
| 74 | Priority |
| 75(1) | G.R. to be maintained until 1989 |
| (2) | No new registrations to be made in G.R. |
| (3) | Registrations in G.R. 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 ss. (7) |
| (10.2) | Liability for instrument under ss. (7) |
| (10.3) | Joint liability |
| (11) | Owners to be notified |
| (12) | Lapsing of instrument |
| (13) | Manner of service |
| (14) | Crown bound |
| 76(1) | Certain party wall agreements |
| (2) | Effect of declaration |
| (2.1) | Consent not required respecting utility |
| (3) | Effect of registration of declaration |
| (4) | Party wall, right of way, and easement agreements |
| (5) | Discharge of party wall agreement |
| 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 Q.B. 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 | Purchaser not bound to make inquiries |
| 81(1) | No entry of trusts |
| (2) | Refusal of registration |
| (3) | Dist. reg. 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) | |
| (5) | District registrar may refuse registration |
| (5.1) | Reliance on statutory declaration |
| (6) | Regulations |
| (7) | Exemption from providing information |
| (8) | |
| (9) | Who may make statutory declaration |
| (10) and (11) | |
| (12) | Farm Lands Ownership Act |
| (13) | |
| 86 | Restrictions on fractional interests |
| 87 | O. I. C. 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) | |
| (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) | Reg. Gen. 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) | Request for certificate of charge |
| 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 |
| 106(1) | Statute barred mortgage |
| (2) | Court to grant order |
| 107 | Reg.-Gen. may order discharge |
| 108 | Notice of builders' lien |
| 109(1) | Registration of postponement |
| (1.1) | Execution of postponement |
| (2) | Effect of reg'n. 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) | Rights analogous to easements |
| (2) | Title not to issue |
| (3) | Grantee's right to use the land |
| (4) | Liability of grantor limited |
| (5) | Registration of instrument |
| (6) | Discharge of instrument |
| (1) and (1.1) | |
| (2) | Registered easement to run with land |
| (3) | Issue of pipeline or wind turbine title |
| (4) | Entries on title |
| (5) | Enforceability of pipeline or wind turbine title |
| (6) | Certified M.L.S. plan |
| (7) | Mortgage to be entered on title |
| (8) | Discharge |
| (9) | Non-application of subsection 111(2) |
| 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 |
| 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 | Registrar-General may certify copies |
| 124(1) | Plan for opening roads and drains |
| (2) | Plans forwarded Registrar-General |
| (3) | Reg'n. 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 satisfactory |
| (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 encumbrances |
| 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 |
| 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 |
| 159 | Lapsing of building restriction caveats |
| 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) | Hearing and order |
| 164 | Proceeding after disposal of caveat |
| 165(1) | Filing after withdrawal |
| (2) | Dist. reg. 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 | |
| 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 dist. reg. |
| (2) | Disposition of appeal |
| 174 | Reference by Reg. Gen. |
| 175(1) | Witnesses may be summoned |
| (2) | Appeal |
| IN ACTIONS GENERALLY | |
| 176(1) | Orders by judge |
| (2) | Title to be safe-holding |
| 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) | Fees payable to assurance fund |
| (2) | Paid to Minister of Finance |
| (3) | Investment of assurance fund |
| (4) | Rate of interest |
| (5) | Application of fund |
| ACTIONS AGAINST DISTRICT REGISTRARS | |
| 182(1) | Person damaged |
| (2) | Person deprived of land |
| (3) | Joint liability |
| (4) | Final judgment not to be entered |
| (5) | Acts of officials |
| (6) | Contributory negligence |
| (7) | Actions sand and gravel |
| 183 | No liability for incorrect name |
| 184 | Title on register to prevail |
| 185 | Limit re mines and minerals |
| 186 | Notice of action |
| 187(1) | Minister of Finance to pay judgment |
| (2) | Judgment assigned to Minister of Finance |
| 188 | Action by name of office |
| 189(1) | Limitation of action |
| (2) | Limitation re. subsec. 182(2) |
| 190 | Trusts and corporate actions |
| 191 | When damage may be paid without action |
| 192 | Notice or knowledge bars a claim |
| MISCELLANEOUS | |
| 193 | Penalties |
| 194 | Effect of statement |
| 195 | Regulations |
| 196 | Coming into force of subsec. 45(5) and sec. 141 |
