S.M. 1986-87, c. 2

An Act to amend The Real Property Act Air Rights

(Assented to July 3, 1986)

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

Sec. 124.3 added.


The Real Property Act, being chapter R30 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding immediately after section 124.2 the following section:



In this section "air space parcel" means a volumetric parcel, whether or not occupied in whole or in part by a building or other structure, shown as such in an air space plan.

Creation of air space parcels.


The registered owner may, with the consent of all persons appearing on the register and general register to have a charge, claim or interest in the land, create air space parcels separated by surfaces and obtain title to them by the registration of an air space plan.

Requirements of the plan.


An air space plan shall not be registered unless

(a) the title to the land of which the air space parcels are part is registered under this Act;

(b) the land of which the air space parcels are part is at least a whole lot or parcel shown on a subdivision or explanatory plan registered under this Act;

(c) the plan contains the certificate of a land surveyor that he was present at and personally superintended the survey represented by the plan and that the survey and plan are correct; and

(d) the plan has been approved by the Examiner of Surveys.

Parcel may be subdivided, etc.


An air space parcel created by the plan constitutes land and may be transferred, leased, mortgaged, charged or otherwise dealt with in the same manner as other land registered under this Act and may be subdivided in accordance with The Condominium Act.

Commencement of Act.


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