Where a duplicate title is lost, the district registrar will accept affidavit evidence that the duplicate title has been lost.
The affidavit must:
1. State that the reason the title cannot be found is that it has been lost or destroyed;
2. State that the title has not been deposited by way of lien or as security for a loan;
3. Be executed by all of the registered owners of the land, even where all of the parties believe that only one of the registered owners was in possession of the title; and
4. Refer to the outstanding title number and not to the current title number where these numbers differ. These two numbers would be different if, for example, the land titles office registered a special plot plan and created new titles. In such a case, a note on the title created by the plan would indicate that the old duplicate title must still be produced. This will appear on the Status of Title in box 6, Duplicate Title Information, and will include a “hold for production” note.
Additionally:
Where there is an equitable charge caveat
If a caveat has been registered against the title by a lender giving notice of an equitable charge, in addition to the registered owner’s affidavit of lost duplicate title, the registrant must provide either:
a. A letter from the lender confirming that they were never in possession of the duplicate title; or
b. An affidavit of lost title from the lender.
Where there is a hypothecation caveat
If a caveat has been registered against the title by a lender giving specific notice that the duplicate title has been hypothecated, in addition to the registered owner’s affidavit of lost duplicate title, the registrant must provide an affidavit of lost duplicate title from the lender.
Where there are multiple executors/administrators
Where the affidavit of lost duplicate title is being sworn by the executors/administrators of an estate, each and every executor/administrator of the estate must swear an affidavit. They may jointly swear one affidavit where that is convenient.