Amending agreements adding land

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An amending agreement adding land (AAL) should be registered subsequent to the request/transmission (TREQ).

These amending agreements must contain the consent of subsequent encumbrancers, including encumbrances registered against the lands being added. Any encumbrances registered subsequent to the date of registration of the mortgage (not the date of the amending agreement) may have to consent to the amending agreement. Consent is not required from the owners of encumbrances unaffected by mortgage sale proceedings.

See the Land Titles Guide for more information on amending agreements adding land at http://teranetmanitoba.ca/land-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

 

John has increased the size of his original lot by purchasing land from Larry. John’s original title was subject to Mortgage 9999999/1. It must be added to the land the he has purchased from Larry.

The land description in the amending agreement will be the same as the land description in his transfer from 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)

Once this is done, mortgage 9999999/1 will affect all of the land shown as Lot 2 in the new plan.

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