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. |