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S.M. 1985-86, c. 37

An Act to amend The Real Property Act

(Assented to July 11, 1985)

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

Subsec. 12(2.1) added.

1

Section 12 of The Real Property Act, being chapter R30 of the Revised Statutes is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:

Appointment of Examiner of Surveys.

12(2.1)

An official who shall be known as "the Examiner of Surveys" shall be appointed as provided in The Civil Service Act.

Subsec. 12(5) am.

2

Subsection 12(5) of the Act is amended by adding thereto, at the end thereof, the words "or the examiner of surveys".

Subsec. 12(6) am.

3

Subsection 12(6) of the Act is amended by adding thereto, immediately after the word "registrar" in the 1st line thereof, the words "or the examiner of surveys".

Subsec. 12(8) added.

4

Section 12 of the Act is further amended by adding thereto, immediately after subsection (7) thereof, the following subsection:

Examiner of Surveys to be a Manitoba land surveyor.

12(8)

No person shall be appointed Examiner of Surveys unless the person holds a commission from the Association of Manitoba Land Surveyors entitling the person to practise as a surveyor of lands in and for Manitoba.

Subsec. 13(1) am.

5

Subsection 13(1) of the Act is amended

(a) by adding thereto, immediately after the word "registrar" in the 1st line thereof, the words "and deputy examiners of surveys"; and

(b) by adding thereto, immediately after the word "General" in the 8th line thereof, the words "or Examiner of Surveys, as the case may require".

Subsec. 16(1) am.

6

Subsection 16(1) of the Act is amended

(a) by adding thereto, immediately after the word "registrar" in the 1st line thereof, the words "examiner of surveys"; and

(b) by adding thereto, at the end of clause (d) thereof, the words "or surveyor".

Subsecs. 26(1) and (2) rep. and sub.

7

Subsections 26(1) and (2) of the Act are repealed and the following subsections are substituted therefor:

May dispense with production of certificate.

26(1)

Where a duplicate certificate of title is lost or destroyed, the district registrar may, upon a registration affecting the land, dispense with the production of the duplicate certificate and upon completion of the registration, he shall note in the register that no entry of the registration has been made on the duplicate certificate and the registration is thereupon a valid and effectual registration.

Non-production to be accounted for and notice given.

26(2)

Before completing the registration, the district registrar shall be satisfied that the certificate of title has not been deposited by way of lien or as security for a loan, and of the reason for its non-production; and the district registrar shall give at least 14 days' notice of intention to dispense with its production in a newspaper, the number of insertions in the newspaper, and the form of the notice, to be settled by the district registrar.

Subsec. 56(2) am.

8

Subsection 56(2) of the Act is amended by striking out the words "Registrar-General" in the 1st line thereof and substituting therefor the words "district registrar".

Subsec. 65(1) rep.

9

Subsection 65(1) of the Act is repealed.

Subsec. 65(2) am.

10

Subsection 65(2) of the Act is amended by striking out all the words of the subsection immediately after the word "registered" in the 2nd line thereof.

Subsecs. 70(4) and (5) added.

11

Section 70 of the Act is amended by adding thereto, immediately after subsection (3) thereof, the following subsections:

Witness to signature.

70(4)

Where the signature of the registered owner or person entitled to be the registered owner is witnessed by a barrister, solicitor or notary public, (hereinafter referred to as an officer) that officer may prove execution of the instrument by signing as witness and clearly identifying the name, position and address of the witness under the signature of the witness.

Effect of signature of witness.

70(5)

The act of the officer in witnessing the instrument shall be deemed to be a certification by the officer that the registered owner or person entitled to be the registered owner is personally known to the officer or the identity of the registered owner or person entitled to be the registered owner has been proven to the satisfaction of the officer and that the registered owner or person entitled to be registered owner acknowledged to the officer

(a) that he or she is the person named in the instrument and whose name is subscribed to it; and

(b) that he or she is of the full age of majority.

Sec. 104.1 rep.

12

Section 104.1 of the Act is repealed.

Sec. 123 am.

13

Section 123 of the Act is amended by striking out the words "Registrar-General" in the 2nd and 4th lines thereof and substituting therefor, in each case, the words "Examiner of Surveys".

Subsec. 137(2) am.

14

Subsection 137(2) of the Act is amended

(a) by striking out the word "subsections" in the 3rd line thereof and substituting therefor the words "subsection"; and

(b) by striking out the word and figure "or (2)" in the 4th line thereof.

Secs. 145.2 and 145.3 added.

15

The Act is further amended by adding thereto, immediately after section 145.1 thereof, the following sections:

Lapsing of building restriction caveats.

145.2

The district registrar shall vacate all building restriction caveats after the expiry of 50 years from the date of the filing thereof; and when so vacated those caveats and any agreement on which they were founded or of which they give notice, shall cease to have any effect.

Lapsing of development agreement caveats.

145.3

The district registrar shall vacate a caveat giving notice of a development agreement under The Planning Act at any time after the expiration of 10 years from the date of the filing thereof; and when so vacated the caveat ceases to have any effect.

Commencement of Act.

16

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