Application for the notice
The thirty day notice process is started by filing a Request/Transmission form (Form 15.1) asking that a thirty day notice be issued. In box 2 of the Request form insert language to the effect of “Request thirty day notice regarding caveat 1234567/1.”
Where the instrument to be removed is a builders’ lien, the district registrar will automatically issue the thirty day notice upon receipt of the request.
Where the instrument to be removed is a caveat or a judgment, the district registrar will not issue the thirty day notice automatically or as a matter of right. In addition to requesting the notice, the applicant must add into box 2 evidence in the form of a statement or series of statements advising why the caveat or judgment is not properly registered against the title.
Service
Upon being satisfied that it is appropriate to issue a thirty day notice, the district registrar will prepare and forward the notice to the applicant.
It is the applicant’s responsibility to serve the thirty day notice as directed by the district registrar.
Where there appears to be a good address for service on file in the land titles system for the holder of the subject instrument, the district registrar will give instructions for service of the notice to be made by sending it by registered mail to that address.
Where there is no suitable address, personal service will be ordered.
Application for removal of the instrument
Once the thirty day notice has been served and the time period specified in the notice has passed without any action having been taken by the claimant in the subject instrument, a request to have the instrument removed may be submitted, by filing a Request/Transmission form (Form 15.1).
In box 2 of this request insert language to the effect of “Request lapse of caveat 1234567/1 by virtue of service of thirty day notice. Proof of service attached hereto.”
Attach to the request an affidavit of service with a copy of the thirty day notice that was served attached to it as an exhibit.
Upon receipt of such a properly completed request, with appropriate evidence and where no action has been taken by the claimant, the district registrar will remove the subject registration from title.
Where registered mail service has been ordered, the notice must actually be delivered. A notice which has been sent but not accepted has not been served.