Assignment of rents
While the district registrar will accept a caveat for an assignment of rents and leases, a caveat giving notice simply of an assignment of rents will not be accepted. These caveats do not contain an interest in land capable of supporting the registration of a caveat. This said, due to the provisions of The Personal Property Security Act, one can register a filing under that Act, at land titles, protecting certain rights vis-à-vis other parties with an interest in the relevant lands.
See Personal Property Security Notices for a more detailed discussion of registrations pursuant to The Personal Property Security Act.
Smell and noise
Caveats registered for the purpose of giving notice of agreements prohibiting the owners of land from complaining about or taking action with regard to smells and noises associated with agricultural processes will not be accepted for registration by the district registrar. This position is based upon the fact that the personal covenants of the land owners in these agreements do not form an interest in the underlying land, nor do they control the use of the land itself.
Rights of first refusal
Caveats claiming a right of first refusal have in the past been accepted for registration by the district registrar. The Manitoba Court of Appeal has now confirmed that a right of first refusal is not an interest in land, and only becomes one upon the receipt of an offer to purchase by the registered owner (an event that may never occur).
The Court ruled that agreements containing only conditional interests, instruments that might at some future time and upon the happening of a future conditional event, do not create an interest in land capable of supporting the registration of a caveat. See Kadyschuk v. Sawchuk 2006 CarswellMan 41 2006 MBCA 18 Manitoba Court of Appeal, February 10, 2006.