Leases can appear on title in one of three ways:
a. Notice on title by way of a caveat;
b. By way of a Memorandum of Lease using the prescribed form (form 12.1); or
c. By registering the lease document itself (not attached to a prescribed land titles form).
Each method of registration has its own requirements. If the parties intend to have a leasehold title issue, they must register either the lease itself or a Memorandum of Lease. For these two options, refer to section 91 of The Real Property Act.
Regardless of the method of registration selected, where the registration only affects a portion of the lands in the affected title, the lease term (including all renewals) cannot exceed 21 years without the approval of the approving authority (unless the affected lands could be subdivided without approval).
See section 121(1), The Planning Act and section 263(1), The City of Winnipeg Charter
Notice by caveat
While it is to everyone’s benefit, there is no rule that requires the underlying agreement to be attached to a caveat giving notice of a lease. Where such an agreement is attached, it will not be examined.
Registered by memorandum of lease form (Form 12.1)
The Memorandum of Lease is a prescribed form and all boxes must be completed. All rules regarding completion, witnessing and execution that apply to other land titles forms apply to this one.
Evidence under The Homesteads Act from the owners of the affected lands must be included in box 8. Where appropriate, consents under The Homesteads Act must also be attached.
Lease itself registered
Parties are free to register the lease document itself. There is no prescribed or approved form for leases. This is a document that the parties will draft entirely on their own. That said, requirements for all leases are:
a. The land affected must be clearly defined.
b. The lease must be executed by all the registered owners of the all the lands and by the lessor. This execution must conform to land titles rules governing execution and witnessing, including proper parties and proper officers. See Witnessing rules.
c. A statutory declaration containing evidence under The Homesteads Act from the owners of the affected lands must be attached. Where appropriate, consents under The Homesteads Act must also be attached.
d. A statutory declaration containing evidence under The Farm Land Ownership Act from the person claiming an interest in the affected land must be attached.
See section 85(3), The Real Property Act