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S.M. 1992, c. 5
The Real Property Amendment and Consequential Amendments Act
(Assented to June 24, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 30(5) is repealed and the following is substituted:
The district registrar may vacate the registration of a claim, reservation or interest referred to in subsection (3), where it appears that it is not valid or enforceable or has expired,
(a) 30 days after the district registrar gives notice to the person entitled to benefit by the maintenance of the claim, reservation or interest, to commence proceedings in the court with respect to the claim, reservation or interest;
(b) without notice where the claim, reservation or interest is a mineral lease that specifies an expiry date, period of time, or extension of time that has expired; or
Subsection 51(7) is amended
(a) by repealing the section heading preceding it and substituting "Failure to file pending litigation order"; and
The following is added after subsection 71(1):
The following may be attached as evidence to an instrument registered under this Act:
(a) the original of an instrument;
(b) a certified copy of an original instrument, certified as having been registered at another land titles office;
(c) a certified copy of any record, document, plan, book or paper issued by a department of the federal government, a provincial government, the Yukon Territory or Northwest Territories;
(d) a copy of a document or instrument certified to the satisfaction of the district registrar;
(e) a copy of a document or instrument authenticated by affidavit to the satisfaction of the district registrar; or
The following is added after subsection 75(7):
Subsection 76(1) is amended
(a) by striking out "A party wall" and substituting "Subject to subsection (2.1), a party wall"; and
Subsection 76(2) is amended
(a) by striking out "A declaration" and substituting "Subject to subsection (2.1), a declaration"; and
The following is added after subsection 76(2):
The following is added after subsection 112(1):
Subsection 134(4) is amended
(a) by striking out "certificate of lis pendens" wherever it occurs and substituting "pending litigation order"; and
Subsection 147(2) is amended
(a) by striking out "A notice given under subsection (1) shall be served at the place" and substituting "Notwithstanding section 167.1, a notice given under subsection (1) shall be served by registered mail addressed to the caveator at the address of the caveator";
(b) in the English version, by striking out "he" and substituting "the district registrar"; and
The following is added after subsection 150(1):
Notwithstanding subsection (1), the district registrar may vacate a caveat filed against any land, mortgage, encumbrance or lease without notice, where he or she is satisfied from the face of the record that the interest claimed in the caveat has expired or been extinguished.
Subsection 154(2) is amended by striking out "legal descriptions of both the servient tenancy and the dominant tenancy" and substituting "the legal description of the servient tenement and dominant tenement".
Clause 165(1)(b) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".
THE CITY OF WINNIPEG ACT
The City of Winnipeg Act is amended by this section.
Section 265 is repealed.
COMING INTO FORCE
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Section 2 comes into force on a day fixed by proclamation.