Subject to limited exceptions, new system instruments (including plans) affecting the lands in an RPA cannot be filed in series with that application.
The following are the new system instruments that can be filed in series after an RPA (if a new system instrument type is not in this list, it cannot be filed in series after the RPA):
• Mortgages (including Debentures fiated as such)
• Encumbrances (in the narrow sense of the definition i.e. instruments like a mortgage that secure a stream of payments instead of a principal sum)
• Amending agreements that add the subject lands to an existing mortgage or other charge
• Builders’ liens
• Requests (including consolidation requests)
See sections 30(1) and 99, The Real Property Act
Where you are intending to otherwise deal with the subject lands, it may be expedient to wait until the new system title has successfully issued from the RPA before doing so. At that point, the land can be transferred and encumbered in the normal course without restriction.
Where a conveyance of the land subject to the RPA is required or desired at the time of filing, a Directed RPA can be utilized. When necessary, requests for consolidation with land already in the new system can also be incorporated into the direction (paragraph 6(i) of the RPA Form 3).