Land Titles Guide - Teranet Manitoba

1 Manitoba land Titles Guide Revision 65 June 2019. 1. land Titles Guide . Introduction and Caution Please be advised that the purpose of this Guide is to provide users of the Manitoba land Titles System with assistance in certain areas where we see our clients having difficulty. This document is not intended to be an exhaustive or comprehensive users' Guide . This document is intended to be used by parties who have a working knowledge of the laws and policies that govern the Manitoba land Titles System (such as lawyers, legal assistants and surveyors) as a supplement to their existing body of knowledge.

2 Parties who do not have this essential knowledge are advised that this document cannot take the place of proper professional advice, either from a lawyer or a surveyor. All references in these materials to legislation should be confirmed by a review of the relevant act to ensure that the legislation has not changed since the creation of these materials. Manitoba legislation can be found here: 2. Contents General advice .. 4. Affected Titles and Affected Instruments .. 5. Amending agreements .. 6. Bankruptcy .. 8. Caveats .. 10. Committees .. 14. Condominiums .. 15. Conforming Construction Agreements.

3 18. Corporate execution .. 20. Correction policy .. 23. Debentures .. 23. Development 25. Development schemes .. 27. Discharges .. 28. Duplicate Titles .. 31. Easements .. 32. Estates and death .. 36. Judgments and orders .. 40. Lapsing instruments from title .. 43. Mortgages .. 44. Personal property security notices .. 46. Postponements .. 47. Powers of attorney .. 48. The Real Property Application (RPA) .. 56. Registration Details Application (RDA).. 57. Religious societies .. 58. Schedules .. 60. Severance of Joint Tenancy .. 62. Thirty day 63. 65. Witnessing rules .. 68. Schedules .. 74. 3.

4 General advice Having documents either rejected or held up for a correction letter or document can add considerably to the processing time of that document, resulting in stress and frustration for all involved. The following advice should help to make the registration process smoother. New forms (including eForms). Effective December 17, 2017, new versions of all land Titles forms have been approved for use by the Registrar-General. Of particular note, this approval included the most current versions of the smart eForms (eDischarge, eCaveat, eMortgage and eTransfer). These new versions of all forms must be used.

5 All references in these materials are to these forms. Up to date versions of land Titles forms can be found here: eRegistration For most regular land Titles clients the use of eRegistration became mandatory on April 3, 2018. This included all lawyers and all financial institutions. It also included all other clients who submit more than 500 documents per year. Clients who submit more than 100 documents per year will be required to use eRegistration beginning October 1, 2018. Information about eRegistration, including system requirements can be found here: Up-to-date title search An up-to-date title search done prior to registration is a wise idea.

6 It helps prevent the registration of documents that have not been made subject to all encumbrances, that contain incorrect legal descriptions or that do not show the current registered owners. Proof-read documents Proof-reading documents is crucial and will help to avoid common errors such as missing encumbrances, missing signatures, missing dates, and incorrect legal descriptions. Duplicate Titles Where a duplicate certificate of title has been issued and that duplicate it still outstanding, it must be accounted for when documents are submitted by or on behalf of the registered owners of the lands in the title .

7 Where a duplicate title is outstanding, either an affidavit of lost title or an affidavit of destroyed title must accompany the dealing. See Duplicate Titles for further information. 4. Affected Titles and Affected Instruments In order to keep documents to manageable sizes and to avoid the registration of documents that can have a negative impact on system processing, The Registrar-General has limited the maximum number of Titles and instruments that certain registrations can affect. Caveat A caveat may affect any number of Titles . Change of address for an instrument A change of address may affect up to ten instruments.

8 If those instruments affect multiple Titles only a total of ten Titles may be affected; however, if there is only one affected instrument and it affects more than ten Titles that is acceptable. Discharge A discharge may affect any number of Titles . Mortgage A mortgage may affect any number of Titles . Request/Transmission A request/transmission may affect up to twenty Titles . Transfer of land A transfer of land may affect up to ten Titles ; however, there are two exceptions to this: a transfer of land may affect all units in a condominium plan or all lots, blocks and parcels in a plan. Transfer of Mortgage A transfer of mortgage may affect up to ten instruments.

9 If those instruments affect multiple Titles only a total of ten Titles may be affected; however, if there is only one affected instrument and it affects more than ten Titles that is acceptable. 5. Amending agreements Vary terms and correct errors Amending agreements can be registered to vary almost all of the terms of a mortgage, including increasing the principal amount. They can also be used to correct an error in a mortgage that was made prior to the execution of the mortgage. The affected lands Amending agreements can be used to add new lands to the mortgage, provided that these lands are owned by a current mortgagor.

10 Amending agreements cannot be used to remove lands from a mortgage. A partial discharge is to be used to remove a mortgage from some of the lands that it affects. Changing mortgagor or mortgagee Amending agreements cannot be used to change mortgagors or the mortgagees. The mortgagee is changed by way of a transfer of mortgage. The mortgagor is changed by way of a transfer of the affected lands. The Homesteads Act Amending agreements can have the effect of being a disposition of land . Because of this, Homesteads Act evidence must be provided in all situations where the mortgagors are natural persons.