Certain instruments registered against titles may be removed from the title by way of a request to the district registrar. This request is to be made using the Request/Transmission form (Form 15.1). Below is a list of instruments that can be lapsed together with the circumstances where a request to lapse will be approved.
Caveats
A caveat that has expired on its face can be lapsed. No review of outside evidence should be required to determine if the interest in the caveat has expired – it must be clear based on a review of the caveat itself.
See section 150(1.1), The Real Property Act
Building restriction caveats
Building restriction caveats expire 50 years after their registration in the land titles system, or earlier if an earlier date is specified the agreement giving rise to the BRC (this agreement must be attached to the BRC).
See section 159(1), The Real Property Act
Personal Property Security Notice (PPSN)
A PPSN that has expired on its face can be vacated because it has lapsed.
See section 49(6), The Personal Property Security Act
Notices registered prior to September 5, 2000 can be vacated three years and thirty days following registration in land titles provided that no renewals have been registered and also provided that the registration was not a corporate security as they are deemed to have lapsed. A review of the original registration will be required to determine if the document is a corporate security.
Builders’ liens
Builders’ liens expire two years after their registration in land titles, provided that no pending litigation order has been filed pursuant to that or any other builders’ lien registered on the affected title.
See section 49(2), The Builders’ Liens Act
Judgments
The district registrar will not lapse judgments that appear to be statute barred. The Judgments Act gives the power to vacate a statute barred judgment to the Courts and not to the district registrar.
See section 11(1), The Judgments Act
Survivorship requests
Encumbrances restricted to the interest of only one joint tenant lapse upon the registration of a survivorship request by the remaining joint tenant(s).