Court certified copy required
To register a court order (such as a vesting order or an order discharging an encumbrance), a court certified copy of the order is required.
Request/Transmission form (Form 15.1) required
This order should be attached to the Request/Transmission form (Form 15.1).
When completing box 2 of the Request/Transmission form please insert wording like:
To discharge instrument no. 1234567/1 by virtue of the attached order; or
To vest title into the name of John Smith by virtue of the attached order.
Where the order vests land, when completing box 1 of the Request/Transmission form (Form 15.1) the Applicant(s) are the persons to whom title will issue.
Where the order vests land, when completing box 7 of the Request/Transmission form (Form 15.1) it must be signed by the Applicant(s) as the person(s) entitled to be the registered owner of land and requesting the title vest (issue) in their name. Box 7 cannot be signed by solicitor as agent.
Where there are multiple parties taking title pursuant to a vesting order, ensure that the tenancy the parties intend is clearly expressed in Box 1 of the Request/Transmission form and the order itself.
In all cases where an order vests land, please ensure that the address for service for the new owner(s) is correctly set forth in Box 1 of the Request/Transmission form.
Where the order vests land, it is important to ensure that the order either specifies the encumbrances that are to be carried forward (if any) or that the title is to issue free and clear of all encumbrances. See below for a discussion where encumbrances are to be dropped from title.
The Form 15.1 can be found here: teranetmanitoba.ca/land-titles/land-titles-forms/
Where the order vests land and there are encumbrances dropped from title
Fairness to encumbrance holder
Where a vesting order drops an encumbrance the district registrar will require one of the following:
a. Proof that the encumbrance holder was served with the proceedings. This may be noted in the order. If it is not, a letter from the registrant lawyer confirming same is acceptable;
b. Evidence that the encumbrance holder has consented to the order. This may be noted in the order. If it is not, a letter from the registrant lawyer confirming same is acceptable; or
c. Proof that service of the proceedings on the encumbrance holder was dispensed with by the Court. This may be noted in the order. If it is not, a letter from the registrant lawyer confirming same is acceptable.
Good and safe holding title
Where a vesting order includes a clause to drop an encumbrance and where that encumbrance is of such a type that the district registrar believes they cannot issue good and safe holding title in its absence, the district registrar will exercise their authority to decline to issue title unless either:
a. The registrant lawyer consents to the encumbrance being carried forward to the issuing title;
b. The order is amended to allow the encumbrance to be carried forward to the issuing title; or
c. The order explicitly addresses the encumbrance and provides a legally appropriate authority for dropping the encumbrance.THIS COURT ORDERS pursuant to The Law of Property Act […]
Examples of encumbrances that can affect good and safe holding title include:
• Tax Sale Notice
• Easement
• Homestead Notice
• Criminal Property Forfeiture Order
Appeal periods
An Order is never final until all rights of appeal have expired.
On registration of an order that operates to cancel a title, terminate an interest in land, or discharge an instrument, you must include either:
a. Consents by all parties or their solicitors;
b. An undertaking by those having a right to appeal that no appeal will be commenced;
c. A certificate from the Court that issued the order that the time for appeal has expired and no appeal has been made;
d. A certificate from the solicitor that all appeals have been finally disposed of or discontinued; or
e. Where an appeal of the order has been made, a certified copy of the order, together with the certificate from the solicitor set out in paragraph d) above.
The only time the above is not required is where the order expressly states that it is not required or if the order was made ex parte and stated that it did not have to be served.
Certificate of expired time for appeal
A certificate from the Court or solicitor that the time for appeal has expired should include the following:
a. The date;
b. The style of cause;
c. That the date for appeal has expired in the proceedings and that no appeal has been filed OR that all appeals have been finally disposed of or discontinued; and
d. Where the proceedings relate to specific subject property these should be set out in the certificate as well.