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The Law of Property Act

C.C.S.M. c. L90

The Law of Property Act

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


Table of Contents

1 Definition
1.1 Aliens to have the same powers as to real estate as subjects of Her Majesty
2 Descent of real estate of aliens
3 Foreign governments right to own land
4 Effect of conveyance
5 Extent of section 4
6 Deeds to include all houses and the reversion and all the estate, etc.
7 Prohibition on covenants and development schemes
(2) Exception re elderly persons
8 Validity of certain appointments
(2) Saving of positive requirements in instrument creating power
9 Abolition of dower
10 Husband's interest in deceased wife's lands
11 Covenants to act as an estoppel
12 Equitable waste
13 Waste by tenants
(2) Damages and injunction
(3) Ameliorating waste
14 Merger
15 Land granted to two or more persons held as tenants in common
16 A body corporate may be a joint tenant
(2) Devolution of property on dissolution of body corporate
17 Conveyance to himself jointly with another
17.1 Liabilities of estate of an intestate
17.2 Definition of "land"
17.3 Descent of land after July 1, 1885
(2) Application of section
(3) Personal representative to hold land as trustee
(4) Land to be dealt with in the same way as chattels real
(5) Land to be administered in the same way as personal estate
(6) Direction to personal representatives to convey, or sell
(7) Service of notice on minors
(8) Issue of vesting order
(9) Direction for sale by master of the court
17.4 Meaning of "heirs and assigns"
17.5 Transactions of heirs protected in certain cases
17.6 Service of notice where mortgagor dead
17.7 Powers of personal representative to sell land
(2) Limitation on power of personal representative
(3) Order to personal representative to sell
(4) Notice of application to be served
(5) Opposing granting of order
17.8 Powers of personal representative to lease minerals
(2) Limitation on powers of personal representative
(3) Opposition to order
(4) No restriction on trustee
17.9 Confirmation of past sales
17.10 Effect of secs. 17.3 and 17.7
(2) Application
18 Definitions
19 Who may be compelled to make partition or sale
(2) Partition or sale without Homesteads Act consents
20 Who may take proceedings for partition
(2) When proceedings may be commenced
21 Appointment of guardian to estate of person unheard of for three years
(2) Powers of such guardian
(3) Power of the court to deal with estate
22 Order for execution of conveyance or transfer
(2) Execution where party under disability
(3) Execution where section 21 applies
23 Sales, including estates for life
(2) What to pass to purchaser
(3) Compensation to owners of particular estates
24 Value of inchoate homestead right and payment thereof
25 Effect upon persons under a disability
26 Power of court to allow any of the parties interested to bid at the sale
27 Relief of persons making improvements under mistake of title
28 Encroachments on adjoining land
29 Access and use of light
30 Registration substituted for enrolment
(2) Married woman not required to give further proof of execution of deed than a feme sole
(3) Other parts of Act in force if applicable
(4) No estates tail
31 Debts and choses in action arising out of contract assignable at law
(2) Assignments subject to defence and set-offs existing as between debtor and assignor
(3) Assignee to hold free from claims arising subsequent to notice
(4) Meaning of "assignee"
(5) Interpleader in cases of assignment of debt
(6) Certain bonds and debentures transferable by delivery
(7) Subsections (1) to (6) not to apply to negotiable instruments
(8) Assignments of moneys due by Government of Manitoba
32 Certain assignments of wages or salary not valid unless accepted
(2) Where subsection (1) not to apply
(3) Written consent of spouse or common-law partner
(4) Definition for subsection (3)
(5) Amount of loan or payment must exceed 95 per cent of amount assigned
(6) Limitation on assignment of wages
(7) Definitions
33 Summary application to court in respect of requisitions, objections or compensations
(2) Notice to third person
(3) Exercise of powers by court
(4) Definition of "vendor" and "purchaser"
34 Terms of agreement of sale and purchase
35 Declarations as to fixtures in agreements of sale and mortgages
36 Application of fire insurance moneys
(2) Time for making application
(3) Giving of notice
37 Hail insurance premiums
38 Application of money to debts secured by mortgage
(2) Application of money to debts secured by security agreement
(3) Agreement contrary to section is void
39 Application to court for right to enter
(2) Contents of order
40 Authority to pay solicitor
(2) Meaning of "solicitor"