Registered judgment failing to bind or form a lien on targeted land

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In certain cases, validly issued and properly registered judgments will not bind or form a lien on the lands of the judgment debtor. Specifically, where there is a bona fide sale or transfer, a bona fide agreement for sale or where the debtor has given a bona fide option to purchase which is subsisting at the time of the registration, the judgment may not bind the targeted lands.


See section 10, The Judgments Act


Where there appear to be competing priorities between a judgment and a transfer of land, The Real Property Act gives the district registrar the authority to take evidence and decide whether or not a certificate of judgment affects the land and to determine the priority of the judgment.


See section 74, The Real Property Act


See also Discharges for discharging judgments.

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