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The Real Property Act

C.C.S.M. c. R30

The Real Property Act

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
112 (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