- An agent may execute the discharge of a caveat where the agent also executed the caveat. See section 75 (7.1), The Real Property Act
- Agents cannot sign discharges for the following types of caveats:
o Easement, right-of-ways or party wall caveats where the ownership of the dominant lands has changed
o Building restriction caveats where the ownership of the dominant lands has changed
o Building or development scheme caveats - An agent may discharge a builders’ lien provided the agent has the authorization in writing to do so. This authorization must be attached to the discharge when it is filed at land titles.
See section 55(1), The Builders’ Lien
o If the agent registered the judgment the agent may discharge that judgment, provided that it is not for alimony, maintenance, or child support. See section 20, The Judgments Act and section 75(7.1) The Real Property
o If the agent signed the notice, a notice exercising power of sale may be discharged by the mortgagee’s agent. See rule 1.05 Registrar-General’s Mortgage Sale & Foreclosure Rules.
o If the agent signed the notice, the personal property security notice may be discharged by the registrant’s agent.
With the exception of discharges of builders’ liens, the agent signing the discharge must be the very same person who signed the initial registration.