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The Real Property Act

R.S.M. 1988, c. R30

The Real Property Act

Table of Contents

1 Definitions.
2 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.
(7) Extent of lien.
OBJECTS OF THE ACT
3 Objects of the Act.
ORGANIZATION OF SYSTEM LAND TITLES OFFICES
4 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 Office hours.
(2) Registration hours.
(3) Closing on other days.
(4) Effect of order;
DISTRICT REGISTRARS AND OFFICIALS
12 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 Appointment and powers of deputies.
(2) When deputy to act
(3) Dist. regs, and deps. interchangeable.
(4) Authority to act for dist. reg.
14 Daily record of dist. reg.
(2) Serial number of rejected instrument.
15 Certain books.
16 Officers not to act as agents.
(2) Penalty.
17 When fees to be paid.
(2) Free services for government.
18 Fees on tax sale applications.
(2) Limitation.
(3) Fees where certificate assigned.
(4) Meaning of "municipality".
19 Dist. reg. to keep account.
(2) Official not to retain fees.
(3) Penalty for retaining.
20 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 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 Correcting.
(2) Original words not to be erased.
(3) Effect of correction.
24 Dist. reg. may summon.
(2) Refusal to obey the summons.
(3) Jurisdiction of court.
25 Form and enforcement.
26 Production dispensed.
(2) Non-production to be accounted for.
(3) Notice dispensed with.
(4) Provisional cert, of title.
(5) Dispensation with production.
APPLICATIONS UNDER THE ACT CROWN GRANTS
27 Land granted by Crown.
28 Issue of cert, of title.
WHERE LAND UNDER OLD SYSTEM
29 Application.
(2) Reduction of fees.
30 Effect of filing application.
(2) Filings in the application.
(3) Vacating of prior claims.
(4) Order to vacate claim.
(5) Dist. reg. vacating claim.
(6) Method of giving notice.
(7) Appl. of secs. 150 to 152.
(8) Proceedings to establish right.
(9) Restriction on further registration.
31 Land in one application.
(2) Variations of restrictions.
32 Plan may be required.
(2) Land subject to mortgage.
33 Undivided interests.
(2) Restriction on subsec. (1).
34 Appl. by parent or committee.
(2) Application by guardian.
(3) Application by attorney.
35 Direction to issue certificate.
(2) Effect of direction.
(3) Application of Dower Act
36 Withdrawal of application.
(2) Expenses of caveator on withdrawal.
37 Rejection of application.
38 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 Effect where direction filed.
(2) Direction not notice of right.
(3) Consent of directee.
(4) Rights of parties saved.
41 Service on adverse claimants.
(2) Substitutional service.
42 Patents accepted as final.
43 Issue of certificate.
44 Proclamation.
TAX SALE APPLICATIONS
45 Appl. by tax purchaser.
(2) Effect of notice.
(3) Appl. including several parcels.
(4) Power of dist. reg.
(5) Land subject to encumbrances.
(6) Application of sections.
46 Cancellation of certificate.
47 Meaning of "mines and minerals".
(2) Exceptions from title issued.
(3) Title extinguished.
(4) Proof of vesting.
TRANSMISSIONS
48 Transmission on death.
(2) When entitled.
(3) Expropriated land.
(4) Dispensing with production.
49 Assignment to creditors.
(2) Trust position not to appear.
(3) Custodian of Enemy Property.
50 Joint tenancies.
(2) Action of district registrar.
51 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 lis pendens.
(8) Certificate of title.
CERTIFICATES OF TITLE ISSUING OF CERTIFICATES
52 Form of title.
(2) When duplicate title to issue.
(3) When title deemed issued.
(4) Successive transfers.
(5) Effect of memorial.
(6) Definitions.
53 All entries to be made.
54 Date of certificate of title.
55 Certificate to executor.
(2) Effect.
56 Uncancelled title.
(2) Dist reg. to attach order.
(3) Books to be repaired.
(4) Conversion to electronic titles.
57 Cancellation.
(2) Lands removed.
(3) Plan of survey.
(4) Land acquired subject to change.
EFFECT OF CERTIFICATES
58 Restrictions on certificate.
(2) Highways.
(3) Limitation on subsec. (2).
(4) Meaning of "fractional".
59 Conclusive evidence.
(2) Two certificates for same land.
60 Production of title.
(2) Certificate of search.
61 Void against title by possession.
(2) Title by possession abolished.
62 No actions of ejectment.
(2) Certificate of title absolute bar.
REGISTRATION OF TITLES REGISTRATION OF INSTRUMENTS
63 Registration Details Application.
(2) When deemed registered.
(3) Deemed embodied in register.
(4) Dist. reg. to file instrument.
(5) Prescribed form document prevails.
64 Priority of registration.
65 Effect of certificate of registration.
(2) Issue of new certificates of title.
66 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.
67 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 Registration in Deposit Register.
(2) Assurance Fund not liable.
72 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 Address for mailing.
(2) Registered address.
(3) Change of address.
74 Priority.
75 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.
(8) Entry on abstract of title.
(9) Names must be identical.
(10) Non-identical name.
(11) Owners to be notified.
(12) Lapsing of instrument.
(13) Manner of service.
(14) Crown bound.
76 Certain party wall agreements.
(2) Effect of declaration.
(3) Effect of registration of declaration.
(4) Party wall agreements.
(5) Discharge of party wall agreement.
77 Implied covenants in transfer.
78 Unregistered instrument
79 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 No entry of trusts.
(2) Refusal of registration.
(3) Dist. reg. need not inquire.
82 Implied covenants may be modified.
(2) Proceedings on implied covenant
(3) Effect of implied covenant
(4) Covenants several, not joint
83 Power of attorney.
(2) Revocation or notice of death filed.
84 Death between execution and reg.
TRANSFERS
85 Transfer of land.
(2) Easements not to be registered.
(3) Declaration re. farm instruments.
(4) Refusal of registration.
(5) Dist. reg. may refuse registration.
(6) Regulations.
(7) Exemption from providing information.
(8) Declaration not part of instrument.
(9) Who may make statutory declaration.
(10) Meaning of certain expressions.
(11) Meaning of "non-resident".
(12) Farm Lands Ownership Act.
(13) Exceptions.
86 Restrictions or fractional interests.
87 O. I. C. deemed a transfer.
88 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 Form of lease.
(2) Surrender of lease.
(3) Renewals of leases.
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 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) Entry in charge book.
(7) Mortgage to include standard terms.
(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 Certificate of title in L.T.O.
(2) Request for certificate of charge.
101 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 Discharge of mortgage.
(2) Effect of partial discharge.
(3) Meanings.
104 Discharge of encumbrance.
105 Repayment of mortgage moneys.
(2) Payment into court.
(3) Disposal of moneys paid in.
106 Statute barred mortgage.
(2) Court to grant order.
107 Reg.-Gen. may order discharge.
108 Notice of builders' lien.
109 Registration of postponement.
(2) Effect of reg'n. of postponement.
110 Variation in mortgage.
(2) Consent of all affected persons.
(3) Effect of agreement.
111 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 Plan of survey required.
(2) Registered easement to run with land.
(3) Issue of pipeline title.
(4) Certificate of title may issue.
(5) Enforceability of pipeline title.
(6) Certified M.L.S. plan.
(7) Mortgage to be entered on title.
(8) Discharge of easement agreement.
113 Mortgagee's rights.
114 Right to lease land.
(2) Effect of lease by mortgagee.
115 When acceleration clause not binding.
116 Interpretation of encumbrances.
PLANS
117 Plans of subdivision.
(2) Application of subsection (1).
(3) Approval required for registration.
(4) Form of approval.
(5) Requirements of Reg.-Gen.
(6) Nature of plan.
(7) Authority as to survey of subdivisions.
(8) Cl. (6)(e) dispensed with.
(9) Signature in respect of parcel.
(10) Dist. reg. to deliver one of the plans.
(11) Registered within 60 days.
(12) Delegation of authority.
118 Certificate of consent.
119 Plans dedicating streets.
(2) Title to streets.
120 Certain sales may be rescinded.
121 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 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 Plans of right-of-way.
(2) One of the plans to be forwarded.
126 Railway lands.
127 Requirement for explanatory plans.
(2) Notice of intention that plan required.
(3) Approval of local authority.
(4) Accompanying documents.
(5) Approval under Planning Act.
128 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 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 Notice of sale on default.
(2) Breach to be declared by judge.
(3) Effect of lis pendens.
(4) Status of plaintiff.
135 Application for order to sell.
(2) Proof of matters stated.
(3) District registrar may make order for sale.
136 Conveyances by mortgagee after sale.
(2) Purchaser not to see to application.
(3) Application thereof.
137 Vesting of title in purchaser.
138 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 Dist. reg. may publish notice.
(2) Order of foreclosure.
(3) Reg'n. of foreclosure order.
140 Notice of sale proceedings.
141 Land sold following foreclosure.
142 Statutory declaration.
(2) Who may make statutory declaration.
(3) Court order re. farmland.
(4) Dist. reg. may refuse to issue order.
(5) Reliance on stat dec.
(6) Regulations.
(7) Family Farm Protection Act.
143 Taxation of costs.
(2) Tariff.
(3) Appeal.
144 Rules.
CAVEATS ON APPLICATION
TO BRING LAND UNDER NEW SYSTEM
145 Who may file caveat.
146 Duty of dist. reg.
147 Lapse of caveat.
(2) Service of notice.
CAVEATS AFTER LAND IS BROUGHT UNDER NEW SYSTEM
148 Caveat after title under new system.
(2) Exception.
(3) Right of caveator continues.
149 Caveats under the Bank Act.
(2) Form of caveat.
(3) Legal description required.
(4) Priority of taxes.
(5) Remedies of mun. not affected.
150 Notice to proceed.
(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 Contents of caveat.
(2) Caveat to show both tenancies.
(3) Affidavit in support.
(4) Rejection of imperfect caveat.
155 Priority secured by caveat.
156 Assignment of caveats.
(2) Effect of filing of assignment.
(3) Address for mailing.
(4) Old system mineral lease.
157 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 Compensation.
(2) Joint liability.
161 Proceedings before lapse of.
162 Proceedings on caveat.
(2) Statement of claim.
163 Application to discharge caveat.
(2) Disposal of certain caveats.
(3) Hearing and order.
164 Proceeding after disposal of caveat.
165 Filing after withdrawal.
(2) Dist. reg. may file a caveat.
SERVICE OF NOTICES AND PROCEEDINGS
166 Service as in suits.
167 Corporations or partnerships.
168 Where person has died.
(2) Method of service.
169 Publication of notices.
PROCEEDINGS GENERALLY
170 Informality.
171 Proceedings not to abate by death.
172 Guardian or committee.
(2) Appointment of guardian ad litem.
JURISDICTION OF COURT BY WAY OF APPEAL
173 Appeal from decision of dist. reg.
(2) Disposition of appeal.
174 Reference by Reg. Gen.
175 Witnesses may be summoned.
(2) Appeal.
IN ACTIONS GENERALLY
176 Orders by judge.
(2) Title to be safe-holding.
177 Mortgage partly secured on personalty.
(2) Trusts, mortgages and debentures.
178 Owner to allow use of name.
(2) Indemnity of owner.
179 Documents as evidence in actions.
180 Instrument admissible.
(2) Custody of dist. reg..
(3) Register to be returned.
ASSURANCE FUND
181 Fees payable to assurance fund.
(2) Paid to Min. of Fin.
(3) Investment of assurance fund.
(4) Rate of interest.
(5) Application of fund.
ACTIONS AGAINST
DISTRICT REGISTRARS
182 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 Min. of Fin. to pay judgment
(2) Judgment assigned to Min. of Fin.
188 Action by name of office.
189 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.