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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. R50
The Registry Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"district" means a registration district as well as a land titles district; ("district")
"instrument" includes every Crown grant, order in council of Canada and of Manitoba, every deed, conveyance, mortgage, assignment of mortgage, agreement, certificate of discharge of mortgage, assurance, lease, bond, release, discharge, power of attorney under which any such instrument is executed, every agreement for sale or purchase of land, will, probate of will, grant of administration, municipal by-law, certificate of proceedings, judgment or order of foreclosure, and every other certificate of judgment or order of any court affecting any interest in or title to land, every contract in writing, every order and proceeding under The Mental Health Act, every claim for lien under The Builders' Liens Act and discharge thereof, every order and proceeding in bankruptcy and insolvency, every declaration of establishment of an Orange Lodge or of a branch of the Independent Order of Foresters, every plan of survey and every other instrument whereby land may be transferred, disposed of, charged, encumbered, or affected, in any wise, respecting land in Manitoba; ("instrument")
"land" means land, messuages, tenements, hereditaments, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, and easements, appertaining thereto, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted: ("bien-fonds")
"legal fees" means the fees chargeable under this Act or any other Act for any specified services; ("frais juridiques")
"registrar" in relation to any registration district, includes the district registrar, and each deputy district registrar, appointed under The Real Property Act for a land titles district that constitutes that registration district: and each deputy of a district registrar appointed under section 6; ("registraire")
"registry office" in relation to any registration district, includes the land titles office for a land titles district established under The Real Property Act that constitutes that registration district; ("bureau du registre foncier")
"will" includes codicil, probate of will and exemplification, or notarial or prothonotarial copy of a will, or of a probate of a will, and letters of administration with will annexed, and any devise whereby land is disposed of or affected. ("testament")
This Act does not extend to any lease for a term not exceeding three years, where the actual possession goes along with the lease; but it extends to every lease for a longer term than three years.
Each land titles district established under The Real Property Act, as it may be altered from time to time, constitutes a registration district under this Act.
Each land titles office established under The Real Property Act for a land titles district is the registry office for the registration district constituted by that land titles district.
Unless otherwise specifically directed by order of the Lieutenant Governor in Council,
(a) each district registrar of a land titles district is, and shall act as, registrar under this Act for the registration district that is constituted by that land titles district in respect of all registrations and dealings under this Act with lands in that registration district that are subject to the system of registration provided by this Act; and
(b) each deputy district registrar of each land titles district has all the powers, and may discharge all the duties, vested in or charged on the registrar for the registration district that is constituted by that land titles district.
A deputy of a district registrar for the purposes of this Act only, and such other officers and employees as may be required to carry out and administer this Act, may be appointed as provided in The Civil Service Act.
A deputy of a district registrar appointed for the purposes of this Act only is not required to have the qualifications required by The Real Property Act for a district registrar or his deputy.
In any Act of the Legislature
(a) the expression "district registrar", or " land titles district", or "land titles office" , where the case requires, means a registrar, or a registration district, or a registry office, respectively, as established under this Act;
(b) a reference to a district registrar, a land titles district, or a land titles office, shall, where the case requires, be deemed to be a reference to a registrar, a registration district, or a registry office, respectively, as established under this Act;
(c) where anything is authorized or required to be done by the registrar of a registration district, it may or shall, as the case requires, be done by the district registrar, or a deputy district registrar, of the land titles district in which that registration district is included; or a deputy of that district registrar appointed under section 6; and
(d) where any registration respecting, or any dealing with, the title to land that is situated in an area formerly included in a registration district that has been abolished, is authorized or required to be made or carried on in that registration district, or in the registry office thereof, the registration or dealing may or shall, as the case may be, be made or carried on in the land titles district, or in the land titles office of the land titles district, in which that registration district is included.
All books, papers, electronic records and the other documents and matters, in the possession of the registrar appertaining to his office, are the property of the Crown, and upon his ceasing to hold office the right to the possession thereof immediately becomes vested in the Attorney-General, who, unless the Lieutenant Governor in Council otherwise orders, shall hold them until another registrar is appointed and his sureties execute and file the security required by law.
Where a person wrongfully gets or holds possession of any books, papers, electronic records, documents, or matters, and neglects or refuses to deliver them to the Attorney-General or his order, the Court of Queen's Bench, upon the application of the Attorney-General or of any one authorized by him, may make an order authorizing a writ of attachment to issue against that person.
The registrar or his deputy shall, for the discharge of all duties belonging to the office, attend at his office on the days on which, and during the hours during which, a land titles office is required, under The Real Property Act. to be kept open; and no instrument shall be received for registration except on days on which, and during the hours during which, under The Real Property Act, instruments are required to be received for filing or registration in a land titles office.
Subject to subsection (2), no registrar or deputy registrar, or clerk in his office, shall directly or indirectly act as the agent of any corporation, society, company, or person investing money and taking securities or real estate within his district: nor shall a registrar or deputy-registrar, or clerk in his office advise, for fee or reward or otherwise, upon titles of land, or practise as a conveyancer within his district, nor shall he carry on or transact within the registry office any other business or occupation whatsoever.
Subsection (1) does not prohibit a registrar, deputy registrar, or clerk, from holding another office under the government and transacting in the registry office the business of that office.
A person, who sustains loss or damage through an omission, mistake, or misfeasance, of the registrar in the execution of his duties under this Act, may bring action against the registrar therefor.
The act, omission, mistake, or misfeasance, of a clerk in the office of the registrar shall, for the purposes of this section, be deemed to be the act, omission, mistake, or misfeasance, of the registrar.
Actions against a registrar shall be brought against him by his name of office, and do not abate, and are not in any way affected by a vacancy occurring in the office or by a change of officers.
No action shall be brought against a registrar unless notice of the action and of the cause thereof is served upon him and the Attorney-General at least 60 days before the commencement of the action.
The Minister of Finance shall pay the amount of any judgment recovered against a registrar out of the Consolidated Fund.
A registrar is not, nor is any person acting under his authority under this Act, nor is any surety of such an officer, liable to any action for damages for, or in respect of, any act bona fide done or omitted to be done in the exercise or supposed exercise of the powers given by this Act.
Subject to this Act and The Real Property Act, all instruments may be registered.
Where a patent from the Crown has issued after February 20, 1914, for any land in any part of the province, the land is at once subject to The Real Property Act: and no instrument purporting to grant, transfer, mortgage, or hypothecate the land shall thereafter be registered under this Act.
No instrument purporting to grant, transfer, mortgage, or hypothecate, any land in the territory added to the Province of Manitoba by the Act, being chapter 32 of the Statutes of Canada, 1912, shall be registered under the old system of registration.
With the exception of
(a) a patent or grant of land from the Crown issued on or before February 20, 1914;
(b) grants of rights, interests, or estates for, relating to, or incidental to prospecting for, exploring, drilling, and operating for, producing, removing, storing, and transporting oil and natural gas, including oil and natural gas leases and agreements; and
(c) surface leases, grants of rights-of-way, and easements;
no instrument purporting to divest the Crown of a right, interest, or estate, in Crown lands, or to charge Crown lands, shall be registered under this Act.
The original of any instrument, a certified copy of the original certified as previously having been registered at another land titles office, a certified copy of any record, document, plan, book or paper issued by a department of either the Federal or provincial governments or the Yukon Territory or Northwest Territories, a copy certified to the satisfaction of the registrar, or certified by a notary public to be a true copy where the original is also presented for comparison, is registerable as an instrument or as evidence and proof of the original record, document, plan, book or paper that it purports to be.
The Assurance Fund or the registrar is not liable to pay compensation to any claimant for loss occasioned by the registration of any instrument, record, document, plan, book or paper mentioned in subsection (1) by reason that the instrument, record, document, plan, book or paper is not a copy of the authentic instrument or record that it purports to be.
Every deed, conveyance, lease, mortgage, hypothecation, agreement for sale or purchase of land, order of foreclosure or sale and every other instrument whereby land may be transferred, in respect of farm land ( in this section collectively called "farm instruments" ) tendered for registration shall be accompanied by a statutory declaration of the person claiming the interest, or of a person acting on behalf of the person claiming the interest, stating
(a) the name and mailing address of the person claiming the interest in farm land, and whether the person is or is not a Canadian citizen or permanent resident, within the meaning of the Citizenship Act (Canada), and that the person is either
(i) a resident,
(ii) a family farm corporation,
(iii) a non-resident, or
(iv) a corporation other than a family farm corporation, as the case may be;
(b) in the case of a non-resident or a corporation other than a family farm corporation, the aggregate amount of farm land in Manitoba, other than the farm land referred to in the farm instrument, in which that person, directly or indirectly, holds an interest;
(c) in the case of a non-resident or a corporation other than a family farm corporation, whether the interest is being claimed
(i) by right of survivorship, devise or intestacy arising on the death of a resident, a retired farmer or the spouse of a retired farmer,
(ii) pursuant to a court order,
(iii) by that person as an executor, administrator or as a trustee in bankruptcy,
(iv) pursuant to a conveyance by a retired farmer, the spouse of a retired farmer, a person or the spouse of a person who has been a farmer for at least ten years, by the spouse, child, grandchild, brother, sister, nephew, or niece of the person conveying the interest, or
(v) in accordance with the provisions of subsection 3(2) of The Farm Lands Ownership Act;
(d) in the case of a non-resident or a corporation, other than a family farm corporation, the name and mailing address of the person, if any, granting the interest in farm land;
(e) in the case of a non-resident or a corporation other than a family farm corporation, whether the interest is a bona fide debt obligation together with particulars thereof, or attaching a copy thereof;
(f) the legal description, the amount of the total acreage, consideration, if applicable, and the value of the farm land referred to in the farm instrument together with all buildings and other improvements thereon;
(g) where the person is a family farm corporation
(i) the mailing address of its registered office,
(ii) the mailing address of its principal office in Manitoba,
(iii) the names and mailing addresses of, and the class and number of shares held by, each of the shareholders thereof, and whether or not each such shareholder is a farmer, the resident spouse of a farmer, or the resident child of a farmer;
(h) the name and mailing address of any other person who, in connection with, in relation to, or as a consequence of, the interest in the farm land in respect of which the farm instrument being registered, is taking, receiving, acquiring or holding an interest in farm land;
(i) that the farm instrument and its registration do not contravene the provisions of The Farm Lands Ownership Act.
The District Registrar shall not register any farm instrument referred to in subsection (3) unless
(a) the declaration states that the person claiming the interest is a resident or a family farm corporation; or
(b) the declaration states, where the person claiming the interest is a non-resident or a corporation other than a family farm corporation that the amount of farm land referred to in the farm instrument, together with the amount of the other farm land in Manitoba in which the person named in the farm instrument, directly or indirectly, holds an interest, does not exceed in the aggregate 10 acres; or
(c) the declaration states that the interest referred to in the farm instrument
(i) is taken by way of right of survivorship, devise or intestacy arising on the death of a resident, a retired farmer or the spouse of a retired farmer,
(ii) is taken pursuant to a court order,
(iii) is a bona fide debt obligation or an interest in land by virtue of a bona fide debt obligation, and provides particulars thereof, or has attached thereto a copy thereof,
(iv) is being taken by the person as an executor, administrator or as a trustee in bankruptcy,
(v) is taken in connection with the enforcement of a mortgage or other encumbrance,
(vi) is being taken pursuant to a conveyance by a retired farmer, the spouse of a retired farmer, a person or the spouse of a person who had been a farmer for at least 10 years, by the spouse, child, grandchild, brother, sister, nephew or niece of the person conveying the interest, or
(vii) is taken in accordance with the provisions of subsection 3(2) of The Farm Lands Ownership Act; or
(d) the farm instrument is accompanied by a certified copy of an order of the Farm Lands Ownership Board approving the taking, receiving, acquiring or holding of the interest in farm land as referred to in the farm instrument.
If the registrar is not satisfied that the statutory declaration referred to in subsection (3) discloses only interests in farm land as permitted by The Farm Lands Ownership Act, he may refuse to register the farm instrument.
Subsections (3) to (14) do not apply to
(a) any farm instrument presented for registration on behalf of an agency of government, a municipality or a local government district; or
(b) any person exempted from the provisions of this section by regulation or by order of the board; or
(c) any mortgage or hypothecation claiming an interest in land pursuant to a loan, presented for registration on behalf of a bank or credit union.
The Lieutenant Governor in Council may make regulations exempting
(a) a class of land; or
(b) land or an area of land in any specified part of Manitoba;
from the operation of this section.
The Lieutenant Governor in Council may make regulations prescribing forms to be used for the purposes of this section.
The board may exempt any person from the requirement to provide any information required under this section upon such conditions, if any, as it considers appropriate.
A copy of the statutory declaration required by this section
(a) shall not be physically part of or physically annexed to the instrument and shall not be registered as though it formed part of the instrument; and
(b) shall be forwarded by the District Registrar to the board.
A statutory declaration under this section may be made by the person claiming the interest in the farm land who is an individual, an officer of a corporation, or a solicitor for the person claiming the interest, but such declaration shall be made only by a person having personal knowledge of the facts deposed to therein, and may not be made on the basis of information obtained by him and his belief therein.
For the purpose of this section the expressions "agency of government", "board", "debt obligation", "family farm corporation", "farmer", "farm land", "indirectly", "interest in farm land", "resident" or "retired farmer" have the respective meanings given to them in The Farm Lands Ownership Act.
For the purposes of this section the expression "non-resident" means a natural person who is not a resident.
The registration of an instrument by the District Registrar does not relieve any person of the obligation to comply with The Farm Lands Ownership Act.
Notices of intended sale of lands under powers of sale in mortgages, and all affidavits, declarations, or other documents, relating to such sales, may be registered in the land titles office of the district in which the lands are situated, in the manner provided by this Act: and the affidavit of service, when purporting to have been sworn before the proper officer, is without further proof thereof, sufficient for the purpose of registering the notice, if it is made by the person who served it; and it shall prove the time, place, and manner, of the service, and also that the copy delivered to the registrar is a true copy of the notice served.
All such notices, affidavits, declarations, and other documents, together with a schedule thereof, shall be securely attached together and the whole considered as one instrument within the meaning of this Act.
Deeds executed by the Governor and Company of Adventurers of England trading into Hudson's Bay before or after the coming into force of this Act shall be deemed sufficiently executed and attested for all purposes respecting the registration thereof, if executed under the seal of the company and authenticated by the signature of the secretary or presiding or other authorized officer thereof, notwithstanding the signature is not a signature to the instrument itself but to a clause or certificate at the foot of the instrument, and notwithstanding it does not clearly appear by the instrument or by the signature that the person signing is the secretary or presiding or other authorized officer.
A judgment or order of any court or judge thereof may be registered by deposit with the registrar of the judgment or order or of a duplicate original thereof or of a certified copy thereof.
A by-law of a municipal corporation may be registered by deposit of a copy thereof, written or printed, without erasure or interlineation, under the seal of the corporation and certified by the clerk to be a true copy.
Any copy of an instrument certified by a registrar may be registered in any other registry office by deposit thereof, without production of the original instrument and without proof of any kind other than the production of the copy so certified as aforesaid; and, when so registered, it has the same effect as if the original had been registered in that office.
A copy of an instrument in writing made, filed, enrolled, or registered, in Quebec, certified by a notary or prothonotary, may be registered under this Act in lieu of the original.
No further proof of execution thereof shall be required.
Every instrument shall, for the purpose of registration, be accompanied by an affidavit of a subscribing witness, except in the case
(a) where it is otherwise provided in this Act or any other Act of the Legislature:
(b) of a grant from the Crown:
(c) of an order in council or certified copy thereof;
(d) of a by-law:
(e) of an instrument under the seal of a corporation:
(f) of a claim for lien under The Builders' Liens Act:
(g) of proceedings under power of sale in mortgage, except the conveyance;
(h) of an order or judgment of a court or judge thereof or a certified copy thereof.
The affidavit shall set forth the full name, place of residence, and addition or calling, of the witness as well as the following facts
(a) the execution of the original and duplicate, if any;
(b) the place of execution;
(c) that the deponent knew the parties to the instrument, or that he knew one or more of them as the case is;
(d) that the deponent is satisfied that each of the parties is of the full age of 18 years;
(e) that he is the subscribing witness to the instrument.
The affidavit of the subscribing witness shall be made on the instrument or securely attached thereto.
It is not necessary that the execution by the grantee should be verified by affidavit, but the execution by each grantor shall be so verified.
None of the persons authorized to take affidavits for use under this Act, if he is a party to an instrument, shall
(a) take an affidavit of the execution of the instrument; or
(b) take any affidavit authorized or required by The Dower Act to be made by a party to the instrument or by a witness to the execution of any consent or release under that Act endorsed on or attached to the instrument; or
(c) sign any certificate of acknowledgment of a spouse's consent under The Dower Act endorsed on or attached to the instrument.
No one who is a party to an instrument shall make an affidavit of the execution of the instrument; nor shall an affidavit in proof of the execution of an instrument be taken from a witness unless the witness has subscribed his signature in his own handwriting as such witness.
The proof may be either by affidavit or by affirmation or declaration, when, by the law of the country where the proof is made, an affirmation or declaration may be substituted for an affidavit; and the registrar may receive such instruments so proved, without any other or further proof of their due execution.
Any instrument may be registered under this Act, notwithstanding that the Christian or given name or names of the subscribing witness making the affidavit is or are only set forth in the affidavit by initial letter or letters, or abbreviation or abbreviations, and not in full.
No registration of any instrument shall be deemed or adjudged void or defective by reason of the name or place of residence of the subscribing witness thereto not being set forth in full, or being improperly or insufficiently given or described in the affidavit mentioned in, and required by, section 27, nor by reason of the addition, occupation, or calling, of the witness being omitted from the affidavit, nor by reason of any clerical error or omission of a merely formal or technical character in the affidavit; but, nevertheless, it shall continue to be the duty of every registrar not to register any instrument, except on such proof as is required by this Act.
Every subscribing witness, except such as may be precluded by this Act, is compellable, when necessary, by order of a judge of the Court of Queen's Bench, to make affidavit or proof of the execution of any instrument for the purpose of registration under this Act, and to do all other acts necessary for the same purpose, upon being paid or duly tendered his reasonable expenses therefor.
Where the witness to an instrument has not made the requisite affidavit and is dead, or is otherwise incapable, or cannot be located, any person interested in the registration of the instrument may apply to a judge of any court in Manitoba or a superior court of record in any province of Canada or the United Kingdom, Ireland, or the Commonwealth, who, if he is satisfied of the due execution of the instrument, may so certify thereon.
The instrument with the certificate in lieu of the requisite affidavit of the subscribing witness shall be registered by the registrar.
Every conveyance, mortgage, or lease, and every instrument claiming an interest in, or a mortgage, lien, or charge upon, land, presented for registration or for filing, shall have included as part thereof, or shall have endorsed thereon or attached thereto, a memorandum giving the address of the grantee, mortgagee, lessee, or claimant, as the case requires.
Upon the registration or filing of the instrument, the address shall be deemed to be the registered address of the grantee, mortgagee, lessee, or claimant, and, to effect service on him under any Act of the Legislature of a notice relating to the instrument or to the land described therein, where service thereof is permitted to be by mailing, it is sufficient to mail the notice, postage prepaid and registered, directed to him at that address.
The grantee, mortgagee, lessee, or claimant, may notify the registrar of a change in his address, and the last address of which the registrar has notice shall be deemed to be his registered address for the purposes of this section.
The seal of a corporation affixed to an instrument attested by the signature of the secretary or other authorized officer thereof, is, for the purpose of registration, sufficient evidence of the due execution of the instrument without any proof of the execution and the authority of the officer.
Except as otherwise provided by this Act or any other Act of the Legislature, all instruments that may be registered under this Act shall be registered by the production to the registrar of the original instrument when but one is executed, or, when the instrument is in two or more original parts, by the production of one such part, or in any case by the production of a copy of an instrument certified as provided in section 62.
The registrar shall, upon production to him of the original instrument, or the requisite exemplification, or certified or sworn copy, of the instrument, endorse the certificate on every such instrument or copy to the effect or purport of the form in Schedule A and shall therein mention the year, month and day in which it is registered, the number of registration and the serial number assigned to the instrument; and when the certificate is so endorsed and signed by the registrar on the original or any duplicate original, or on the exemplification or copy, the instrument or document bearing the certificate shall be deemed to be registered on the date and in the order of priority established by the serial number endorsed on the instrument or document and entered in the day book, and the certificate shall be taken, allowed and admitted in evidence in all courts as prima facie proof of the registration and of the due execution of the instrument.
No registration or entry made before April 18, 1891, shall be adjudged or held to be void by reason of the registrar having failed or omitted to copy the instrument in the register book, or to make or sign the certificate of entry, discharge, or registration, required to be made in the margin of, or elsewhere in, the register book kept prior to April 18, 1891, or other book of entries, or to be endorsed upon the instrument, in pursuance of any former Act.
In case of such a failure or omission the registrar having the legal custody of the book or instrument may make, correct, or sign, the certificate, but is not required to copy the instrument in the register book, or to make a copy thereof; and a certificate of entry, discharge, or registration, so made, corrected, or signed, has the same force and effect as if it had been made, corrected, or signed, by the registrar whose duty it was to have made, corrected, or signed it.
Subject to subsections (2) and (3), the registrar shall enter, in proper books or electronic records to be kept for that purpose and called "Abstract Records", the names of at least one of the grantors and one of the grantees in each instrument registered, the nature of it, the date thereof, the number and date of registration thereof, and the consideration or mortgage money therein mentioned.
The entries to which reference is made in subsection (1) shall be made in a regular order and rotation, under a separate and distinct head for each separate lot or part of a lot of land
(a) as originally patented by the Crown; or
(b) as defined on any plan of subdivision or special plot of the land into smaller sections or lots, after the plan has been registered.
The Registrar is not responsible for or required to give abstracts of title for or that indicate in any way instruments registered in the General Register or the Deposit Register.
The certificate of judgment, decree, or order, in any suit or proceeding in the Court of Queen's Bench, where a certificate of such lis pendens has been previously registered, whether it contains specific reference to, or description of, particular lands or not, if it refers to the number or other particulars of registration of the lis pendens, shall be registered in the same manner and entered in the same records as if it described the lands set forth in the certificate of lis pendens, and shall be entered in the abstract record or records as an instrument affecting the lands described in the certificate of lis pendens; and, notwithstanding anything contained in this Act, it shall not be considered as an instrument that is to be entered in the General Register.
Where in any land titles office any book is becoming obliterated or unfit for further use, the registrar may cause the book to be copied or recorded electronically so far as it can be deciphered by examination thereof and of the original memorials relating thereto.
Where any page in a book is becoming obliterated or unfit for further use, the registrar may cause that page and any other page or pages containing entries with reference to the same lot or part of a lot to be copied into a new book or recorded electronically.
A copy made as provided in subsection (1) that has attached thereto a certificate of the registrar certifying it is a true copy of the original book of which it purports to be a copy, shall be to all intents and purposes accepted, received and admitted in evidence as the original book and as prima facie proof that the copy is a complete and accurate copy of the original book.
A copy or print-out of an electronic entry made in accordance with subsection (1) or (2) and accepted and certified by the registrar to be a true copy of the original electronic entry or recording shall for all purposes be received and admitted in evidence as prima facie proof that the copy or print-out is a complete and accurate copy of the original electronic entry or recording.
A copy made as provided in subsection (2) that has endorsed thereon or attached thereto a certificate of the registrar certifying that all entries with respect to the lot or part of the lot referred to has been correctly copied and entered on the new page or pages shall be to all intents and purposes accepted, received and admitted in evidence as the original record, and as prima facie proof that the copy is a complete and accurate copy of the original entries.
Notwithstanding that a copy thereof has been made under this section, every original book or original page of which a copy has been made under this section shall be carefully preserved.
The Registrar General may order any book that is out of repair and unfit for use to be repaired in such a manner as he thinks necessary and may order any plan or map that has been deposited in a registry office and that has become obliterated and unfit for further use to be copied, mounted or bound for better preservation in such manner as he thinks necessary.
The Registrar may cause an instrument registered under this Act to be photographed on microfilm.
Where an instrument has been microfilmed under subsection (1), a printed reproduction from the microfilm certified by the Registrar as a true copy of the instrument is prima facie proof of the instrument and its contents for all purposes.
Where an instrument has been microfilmed under subsection (1), the Registrar may destroy the instrument or cause it to be destroyed at any time after 20 years from the date it was registered.
Where an instrument has been destroyed under subsection (3), the microfilm record of the instrument stands in place of the instrument for all purposes.
Without making and keeping a microfilm record thereof, the Registrar may destroy
(a) any grant of probate or letters of administration after 40 years from the date of the registration thereof;
(b) any claim for lien under The Builders' Liens Act, certificate of lis pendens, certificate of judgment or certificate of lien that has been withdrawn or discharged or has otherwise lapsed or been disposed of, together with any assignment thereof, and the withdrawal, discharge, order or other form of disposal thereof, after 20 years from the date of the filing of the withdrawal, discharge, order, or other form of disposal thereof or from the date on which lapse thereof is effective:
(c) any lease that has expired or has been surrendered and that deals exclusively with land that has been brought under the operation of The Real Property Act, together with any assignment or surrender thereof after a period of 20 years from the expiration date shown in the lease, or after 20 years from the date of execution of the surrender: and
(d) any mortgage that has been discharged and that deals exclusively with land that has been brought under the operation of The Real Property Act, together with the discharge and any assignment thereof, after a period of 20 years from the date of execution of the discharge.
Where any registered mortgage has been satisfied, the registrar, on receiving a certificate in the form in Schedule B, or to the like effect, executed by the mortgagee, or, if the mortgage has been assigned and the assignment registered, then executed by the assignee, or in either case executed by such other person as may be entitled by law to receive the money and to discharge the mortgage, shall register it in like manner as other instruments are required to be registered, and shall enter it in the same abstract book as if it contained a description of the land described in the mortgage.
The certificate so registered, whether given before or after the time limited by the mortgage for payment of the money or performance of any condition, is valid and effectual in law as a release of the mortgage, and as a conveyance to the mortgagor or his assigns, or any persons lawfully claiming by, through, or under, him or them, of the estate vested in the mortgagee or assignee under or by virtue of the mortgage so discharged.
Where a mortgage has been registered in more than one registration district and those districts are afterwards united in one district, a certificate of discharge of the mortgage shall, only for the purposes of this Act, be held to release such part of the mortgage as is referred to by number and particulars of registration in the certificate of discharge, and not to release any of the other parts thereof.
Where the mortgagee or any assignee of the mortgagee desires to release or discharge part only of the lands contained in the mortgage, or a part only of the estate or interest mortgaged, or to release or discharge only part of the money specified in the mortgage, he may do so by deed or by a certificate, to be made, executed, proven, and registered, in the same manner as in cases where the whole lands and mortgage are wholly released and discharged.
The deed or certificate to which reference is made in subsection (4) shall contain as precise a description of the portion of lands, or of the estate or interest, so released or discharged as would be necessary to be contained in an instrument of conveyance for registration under this Act, and also a precise statement of the amount or particular sum or sums so released or discharged; and as regards the portion of land or estate or interest so released, the certificate, when registered has the same effect as a release under section 44.
After the date appointed for the redemption of a mortgage, the Registrar-General, upon proof being made to his satisfaction that all moneys due and owing upon the mortgage have been fully satisfied and that the mortgage should be discharged, may order the district registrar to cause a memorial to be made in the register discharging the mortgage, and the memorial is a valid discharge of the mortgage.
Subject to subsection 37.1(2) of The Real Property Act, any owner subdividing land for any purpose shall bring his land under The Real Property Act.
For the purpose of this section "subdividing" includes subdividing by way of plan of subdivision or by way of a conveyance, by deed, mortgage or other instrument which deals with part only of the contiguous land owned by the grantor or mortgagor in any quarter section, parish lot or lot shown on a plan.
The registrar shall refuse to register any conveyance by deed, mortgage or other instrument where it appears to him that the registration thereof will result in the subdividing of land.
An owner dealing with a mineral interest, other than a mineral lease or instruments relating thereto, shall bring that interest under The Real Property Act.
Every plan deposited, filed, or registered, shall be in duplicate, and forthwith after registration the registrar shall forward to the Registrar-General one of the duplicate plans on which he shall endorse a certificate of the date, number, and other particulars, of registration, deposit, or filing.
The indication upon a plan of subdivision, before or after the coming into force of this Act filed or registered in a registry office, of a portion thereof as a street, lane, avenue, road, highway, park, common, public square, or other means of communication not designated thereon to be of a private nature, shall be deemed a dedication of that portion to the public.
The Registrar-General may cause a copy of any plan registered, filed, or deposited, in any registry office to be made under the direction of the examiner of surveys, who. together with the Registrar-General, shall certify thereon that it is a true copy of the original; and the copy so made and certified has all the force and effect of the original plan so registered, filed, or deposited.
Where in any plan registered, filed, or deposited, there is any omission, clerical error, or other defect, the Registrar-General may have it corrected in such manner as to him may seem best; and he shall thereupon enter upon the plan an order stating in what respect it stands amended, and thereafter the plan shall, for all purposes, be deemed to have been so amended or corrected from the time of its registration, and the description of land in any instrument shall thereafter' be construed as if it referred to the plan as corrected.
All plans affecting land boundaries shall be based on surveys performed with instruments independent of the magnetic needle and shall be certified as correct by a Manitoba land surveyor under oath in the form contained in Schedule C, and shall be made in all respects satisfactory to the examiner of surveys.
The Registrar-General may direct that a plan (also called a "special plot") compiled from documents and plans registered in a land titles office, be prepared by the Examiner of Surveys for the purpose of simplifying the description of the land of every owner in the area covered by the plan.
Except as otherwise provided in The Mortgage Act, the registration of any instrument under this Act or any former Act relating to the registration of documents or instruments affecting lands constitutes notice of the instrument to all persons claiming any interest in the lands subsequent to the registration, notwithstanding any defect in the proof for registration.
Notwithstanding anything in the Act of incorporation of any company or corporation enacted by the Legislature, or in any such Act relating to any company or corporation, all mortgages, liens, and charges, on land, made by any such company or corporation, are subject to this Act or The Real Property Act, as the case may be, as regards the priority of the mortgages, liens, and charges, and such priority is secured or preserved only by compliance with this Act or The Real Property Act, as the case may be.
Except as mentioned in sections 57 and 58, priority of registration under this Act in all cases prevails, unless, before any such prior registration, there has been actual notice of the prior instrument to the party claiming under the prior registration.
Except as mentioned in sections 57 and 58, any instrument that may be registered in pursuance of this Act, affecting any lands whatsoever situated in Manitoba, whether there has been any grant from the Crown of those lands or not, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration, without actual notice, unless the instrument is registered in the manner in this Act directed before the registering of the instrument under which the subsequent purchaser or mortgagee may claim.
A probate of a will or letters of administration with will annexed registered within the space of 12 months next after the death of the testator or testatrix is as valid and effectual against subsequent purchasers and mortgagees as if it had been registered immediately after the death: and in case the devisee or person interested in the lands devised in any such will is disabled from registering it within that time, by reason of the contesting of the will or by any other inevitable difficulty, without his wilful neglect or default, then the registration of it within the space of 12 months next after the issue of the probate or letters of administration, or the removal of the impediment aforesaid, is a sufficient registration within the meaning of this Act: and the certificate of any judge of such impediment is prima facie conclusive of that fact.
All deeds of land sold under process issued from the Court of Queen's Bench in Manitoba shall be registered within six months from the date of the sale.
No equitable lien, charge, or interest, affecting lands shall be deemed valid in any court in the province, as against a registered instrument executed by the party whose land or interest in land is affected by the equitable lien, charge, or interest, or as against a registered instrument executed by the representatives or assigns of that party: and tacking shall not be allowed in any case to prevail against this Act.
Marriage contracts executed anywhere, and judgments granting separation as to property (separation de biens) rendered by any court of competent jurisdiction in any province of Canada other than Manitoba and stipulating separation as to property between consorts, registered in the registry office or land titles office of the district wherein the land mentioned in the contract or judgment is situated, are valid and take effect in the province as against subsequent purchasers and mortgagees from the date of the registration.
The commencement of any action or the taking of any proceedings in any court of record in the province, in which action or proceedings any title or interest in lands is brought into question, shall not be deemed notice of the action or proceedings to any person not being a party thereto, unless a certificate from the proper officer of the court in which the action has been commenced or the proceedings have been taken, in the form in Schedule D, has been registered in the registry office or land titles office of the district in which the lands are situated.
The registrar shall, when required of him, make and deliver a copy or copies of any plan or instrument registered and of all affidavits, memoranda, or endorsements thereon or attached thereto, certified under his hand and seal of office, in which certificate he shall declare that the copy that he so delivers is a true copy of the plan or instrument and of all affidavits, memoranda, or endorsements thereon or attached thereto, of which they respectively purport to be copies; and the copy so certified shall in all cases be received in evidence as prima facie proof of the facts and matter therein stated.
A copy of any instrument duly registered in any registry office or land titles office in the province, certified to be such a copy under the hand and seal of the registrar in whose office the instrument is or of his deputy, is receivable and admissible in evidence in all controversies in the courts of the province, without proof of the execution of the original of which it purports to be a copy, as prima facie proof of the original instrument and the due registration thereof, and of the due execution thereof by all persons by whom the instrument purports to have been executed, and whose execution thereof has been verified by affidavit or affidavits of execution annexed to or endorsed upon the instrument, of which affidavit or affidavits having been so annexed a copy certified as aforesaid as being a true copy thereof so annexed or endorsed is sufficient evidence.
Copies of instruments registered in any land titles office, certified under the hand and seal of the district registrar, may be registered under this Act in any registry office or land titles office in so far as those instruments affect land not under The Real Property Act, and when so registered have the same effect as if the original had been duly registered under this Act, if the original instrument of which the certified copy purports to be a copy is one that could have been registered in the last mentioned registry office or land titles office.
The registrar shall, when required and upon being tendered the legal fees for so doing, make searches and furnish copies and abstracts of or concerning all plans or instruments registered, mentioning any lot of land as described in the patent thereof from the Crown, or any lot described by number or letter on any registered map or plan subsequent to the registration of the map or plan, or any part of a lot when it is clearly described and can be identified in connection with the chain of title and has been ascertained by actual survey; and he shall exhibit the original registered instrument if it is in his possession, and also the books of the office relating thereto, when the party desires to make personal inspection thereof, and shall give certificates of all copies and extracts under his hand, of and concerning the parties to any of the documents, or of the witnesses thereto, or any other particulars that may be required; but no registrar shall allow any such book, plan, or instrument, to be taken out of his possession or custody.
The fees to be charged by a district registrar or registrar under this Act are the fees prescribed by order of the Lieutenant Governor in Council; and no registration shall be made or service rendered by a district registrar or registrar under this Act, until the fees therefor have been paid.
No fees shall be charged to, or paid by, the Government of Manitoba for any services rendered by a district registrar or registrar under this Act for any department of the public service.
Every district registrar shall keep a correct account of all sums received by him under this Act, and dispose of them as provided by The Real Property Act.
Each registrar shall keep posted up in some conspicuous place in his office a schedule of the fees and charges authorized to be charged by him for any registrations made or services rendered under this Act.
SCHEDULE A (Section 39)
CERTIFICATE OF REGISTRATION
I certify that the within instrument is duly entered and registered under The Registry Act in the Land Titles Office for the District of on the day of ,19.
DISCHARGE OF MORTGAGE
To the registrar of
I, , of the , do certify that has satisfied all money due on, or to grow due on (or has satisfied the sum of $ mentioned in) a certain mortgage made by , of , to , which mortgage bears date the day of , 19 , and was registered in the registry office for the of on day of , 19 , at minutes past o'clock of the noon, in Liber , as No. , (here mention the day and date of registration of each assignment thereof and the names of the parties, or mention that such mortgage has not been assigned, as the fact may be), and that I am the person entitled by law to receive the money, and that such mortgage (or such sum of money as aforesaid, or such part of the lands as is herein particularly described, that is to say: ) is therefor discharged.
Witness my hand this day of , 19 .
I (name of surveyor in full), of the (place of residence), Manitoba land surveyor, make oath and say:
That I was present at and did personally superintend the survey represented by this plan and that the survey and plan are correct.
Sworn before me, etc.
SCHEDULE D (Section 61)
CERTIFICATE OF LIS PENDENS
I certify that in an action or proceeding in (naming the court) between A.B. , and C.D. , some title or interest is called in question in the following lands (stating them).
Dated at (stating time and place).