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S.M. 1987-88, c. 33
An Act to amend The Real Property Act
(Assented to July 17, 1987)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsections 17(1) and (2) of The Real Property Act being chapter R30 of the Continuing Consolidation of the Statutes of Manitoba are repealed.
Clause 22(1)(j) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following clause is substituted therefor:
(j) issue in substitution of a destroyed duplicate certificate of title, a printout of the title where the certificate of the title has been converted to a title, or issue in substitution, the new duplicate certificate of title where issued as a result of the registration of a plan.
Subsecs. 22(2) and (3) rep. & sub.
Subsections 22(2) and (3) of the Act are repealed and the following subsections are substituted therefor:
Appointment of special examiner.
The order of a district registrar under the hand of the district registrar is sufficient authority to the person therein named as a special examiner, to administer the oath to and to take the evidence of any person summoned to appear before the special examiner; and the evidence when so taken shall be transmitted to the district registrar and has the same effect as if taken before the district registrar.
Microfilming of registered documents.
The district registrar may cause an instrument that is registered under this Act to be photographed on microfilm.
Where an instrument has been microfilmed under subsection (3), a printed reproduction from the microfilm certified by the district registrar as a true copy of the instrument is prima facie proof of the instrument and its contents for all purposes.
Where an instrument has been microfilmed under subsection (3), the district registrar may destroy the instrument or cause it to be destroyed forthwith, and upon destruction of the instrument the microfilm record of the instrument stands in place of the instrument for all purposes.
Clause 45(1)(c) of the Act is repealed and the following clause is substituted therefor:
(c) subject to subsection (6), the district registrar shall cause to be served upon all persons appearing to be the persons, who other than the tax purchaser or the assigns of the tax purchaser, are interested in the land, a notice requiring them, within the time limited by the notice to contest the claim of the tax purchaser or to redeem the land, if it is open to redemption.
Subsection 45(5) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:
Land sold for taxes subject to certain encumbrances.
Where land is sold for taxes it shall be deemed to have been sold subject to those instruments set out in subsection 106(1), utility and pipeline easements as set out in section 106.1, building restriction covenants, easement agreements, including party wall and right of way agreements, declarations under subsection 74(1.1), caveats relating to zoning, subdivision or development agreements, and caveats pertaining to a right of way or easement agreement.
Section 64 of the Act is repealed and the following section is substituted therefor:
Instruments shall be registered in the order of the serial numbers assigned to them and entered in the daily record and instruments registered in respect of or affecting the same estates or interests shall, notwithstanding any expressed, implied or constructive notice, be entitled to priority according to the serial number.
Subsection 69.2(1) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:
Documents registrable in Deposit Register.
The original of any instrument, a certified copy of the original, certified as previously having been registered at another land titles office, a certified copy of any record, document, plan, book or paper issued by a department of either the federal or provincial governments, or the Yukon Territory or Northwest Territories, a copy certified to the satisfaction of the district registrar, a copy authenticated by affidavit, or a copy certified by a notary public to be a true copy, is registrable in the Deposit Register as evidence of any transaction of the original record, document, plan, book or paper that it purports to be.
Subsection 70(2) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:
Making and signing of affidavits.
No one who is a party to an instrument shall also be a witness to the execution of that instrument or make an affidavit of the execution of that instrument.
Subsection 106.1(4) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:
Certificate of title may issue.
The certificate of title shall also issue clear of any prior registered interests which affect the pipeline easement other than encumbrances created by the owner of the pipeline easement.
Subsection 143(1.1) of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following subsection is substituted therefor:
Caveat to show servient and dominant tenancies.
Where a caveat is registered to protect an interest that creates or purports to create an easement, right of way, other than an instrument registered under subsection 106(1) or section 106.1, or right in the nature of an easement or right of way, it shall set forth the legal descriptions of both the servient tenancy and the dominant tenancy.
Section 177 of the Act as enacted by chapter 4 of the Statutes of Manitoba, 1986-87 is repealed and the following section is substituted therefor:
Subject to the approval of the Lieutenant Governor in Council, the Registrar General may make regulations
(a) prescribing forms for use under this Act;
(b) prescribing fees payable under this Act or any other Act;
(c) respecting such other matters as are ancillary to the provisions of this Act.
No service shall be rendered by an official of a land titles office until all fees charged therefor have been paid to the district registrar.
This Act comes into force on the day it receives the royal assent.