Land Titles Act(CHAPTER 157)
Table of Contents
Long Title
PRELIMINARY
1 Short title
2 Division into Parts
3 Reconciliation with existing laws
4 Interpretation
Part I ESTABLISHMENT OF LAND TITLES REGISTRY
5 Officers
6 Seal of office
7 General powers of Registrar
Part II INITIAL REGISTRATION OF TITLES
Division 1 Indefeasible titles
8 Alienation by State
9 Effect of mortgage of right, title and interest in land surrendered and notified on land-register
10 Surrender of title subject to mortgage registered in the Registry of Deeds
11 Powers of Registrar of Deeds to refuse registration or cancel deeds registered
12 Application of section 8 where land surrendered to Crown but no grant or lease has been issued
13 Primary applications
14 Action following issue of certificate of title
Division 2 Qualified titles
15 Issue of qualified certificate of title
16 Special provisions for bringing unregistered land under the provisions of this Act
17 Issue of qualified certificate of title prior to completion of survey for unregistered land
18 Effect of issuing a qualified certificate of title under sections 16 and 17
19 Cautions
20 Prior encumbrances to be notified
21 Publicity
Part III REGISTRATION
22 Form of certificate of title
23 A single certificate of title may be issued for lands that are not contiguous
24 Single certificate of title for land forming the common property of a subdivided building
25 Creation of land-register
26 Registrar may open new edition of a folio of land-register showing only subsisting entries
27 Land-register as evidence
28 Registration of instruments
29 Restrictions on Registrar’s powers of registration
30 Proprietors under disability
31 Corporations
32 Death of party
33 Endorsements on duplicate instruments of title
34 Issue of new certificates of title
35 Contingent interests
36 Substituted certificates
Part IV EFFECT OF REGISTRATION
Division 1 Indefeasibility and priority
37 Instruments ineffectual until registered
38 Estate of proprietor paramount
39 Exoneration from effect of notice
40 Priority determined by order of registration
41 Priority of unregistered interests
Division 2 Title by adverse possession
42 Partial application of Limitation Act to registered land
43 Applications for possessory titles: How dealt with
44 Reassertion of ownership by proprietor
45 Frivolous or vexatious claims
Part V INSTRUMENTS
46 Prescribed forms to be used
47 Instruments in duplicate
48 Description of parties
49 Description of land
50 Memorandum of prior encumbrances
51 Proprietor must execute
52 Attestation and proof of execution
53 Execution of instruments by corporations
54 Certificate of correctness
55 Address for service of notice
56 Instruments take effect as deeds
57 Covenants in instruments: Words of succession implied
Part VI TRANSFERS
58 Form and effect of transfers
59 Transfers of land subject to mortgage or charge
60 Estates for life and in remainder
61 Merger of contract in transfer
62 Merger of registered interests
Part VII MORTGAGES AND CHARGES
63 Form and effect of mortgages and charges
64 Application of Conveyancing and Law of Property Act
65 Submortgages
66 Custody of instruments of title
67 Transfers in exercise of power of sale
68 Application of proceeds of sale
69 Entry into possession
70 Foreclosure of mortgages
71 Right to a discharge
72 Form and effect of a discharge
73 Satisfaction of charges
74 Tacking of further advances
Part VIII LEASES
75 Application of Part VIII
76 Form and registration of leases
77 Options for renewal and for purchase
78 Leases of mortgaged land
79 Covenants against assigning and subletting
80 Surrender of leases
81 Determination of leases
82 Implied powers of lessors
Part IX EASEMENTS AND PROFITS
83 Construction
84 Licences not to be registered
85 Easements for installations
86 Registration necessary for creation of easements
87 Implied easements for passage of water, electricity, drainage, gas and sewerage for housing estate
88 Extinguishment by union of tenements
89 Easements pass on transfer without express mention
90 Contribution to repairs
91 Grants of rights of way
92 Party walls
93 Release of easements
94 Cancellation of easements
95 Grant of profit
Part X TRANSMISSIONS
96 Transmission on death of proprietors in severalty
97 Dealings without transmission
98 Full number of personal representatives required
99 Transmission on bankruptcy
100 Caveats by Official Assignee
101 Bankruptcy: Effect of disclaimer, discharge, and annulment
102 Effect of transmission
103 Notice of death or defeasance
Part XI CAVEATS
104 Caveats may be lodged
105 Notification of caveats
106 Caveats lodged before initial registration
107 Effect of caveats
108 Effect of lodgment of a conflicting instrument
109 Lapsing of caveats
110 Withdrawal of caveats
111 Remedies of caveatee
112 Caveator’s liability for compensation
Part XII WRITS AND ORDERS OF COURT
113 Interpretation
114 Writs and orders not binding unless registered
115 Dealings by judgment debtors
116 Lapsing of writs
117 Land sold in pursuance of writs
118 Duplicate instrument need not be produced
119 Withdrawal and satisfaction of writs and orders
120 Vesting orders
Part XIII RESTRICTIVE COVENANTS
121 Interpretation
122 Notification of restrictions
123 Release and variation of restrictions
124 Duration of restrictions
Part XIV STATUTORY ACQUISITION AND SALE
125 Statutory obligations
126 Compulsory acquisition of registered land
127 Sale of land for revenue or rates
128 Statutory vesting not elsewhere provided for
Part XV POWERS OF ATTORNEY
129 Interpretation
130 Registration of instruments executed by attorneys
131 Exoneration of purchasers
132 General attorneys
133 Investigation and registration fees
Part XVI CIVIL RIGHTS AND REMEDIES
134 Assurance fund
135 Registrar may be summoned for refusal to register
136 Registrar may state a case
137 Actions for recovery of land
138 Actions for recovery of damages
139 Procedure on actions against the assurance fund
140 Protection of bona fide purchasers and of Registrar
141 Limitation of actions for damages
142 Correction of errors in land-register
143 Rectification by Court
Part XVII SEARCHES AND CERTIFIED COPIES
144 Searches by public
145 Official searches
146 Priority affected by final official searches
147 Certified copies: Value as evidence
Part XVIII MISCELLANEOUS
148 Subdivision of registered land
149 Trusts not to be entered
150 Exoneration of Registrar
151 Fees and accounts
152 Rules
153 Offences and penalties
154 Saving of rights
THE SCHEDULE
Legislative History