Discharges of any encumbrances in series with the plan should be registered prior to the request/transmission (TREQ). This will result in less clutter on the issuing titles.
How this relates to the scenario:
1 - Owned by John
Current legal description: Lot 1 Plan 1234 WLTO
2 – Owned by Larry
Current legal description: Lot 2 Plan 1234 WLTO
3 – Owned by Larry
Current legal description: Lot 3 Plan 1234 WLTO
Larry owns title #2 and title #3. If a mortgage currently affects both of his titles, he must deal with this mortgage. He may decide to discharge it from the land being conveyed to John to create Lot 2. He has two options to discharge this mortgage:
- Option 1: Discharge in full (DF)
- Option 2: Partial discharge releasing all that portion of the title now contained within the limits of the new lot (PD)
The land description in the partial discharge will be the same as the land description in his transfer to John:
ALL THAT PORTION OF
Lots 2 and 3 Plan 1234 WLTO in SW ¼ 1-1-1 WPM
CONTAINED WITHIN THE LIMITS OF LOT 2 PLAN _______WLTO (DEP 123/19)