Land Titles Guide and Correction Policy

Getting Started

• Introduction and caution
• General advice

Affected Titles and Affected Instruments

• General information

Amending Agreements

• Vary terms and correct errors
• The affected lands
• Changing mortgagor or mortgagee
• The Homesteads Act and The Farm Lands Ownership Act
• Witnessing
• Consents of encumbrancers

Bankruptcy

• Certified copy of appointment or assignment
• Inspectors
• Encumbrances
• The Homesteads Act
• Joint tenant bankrupt

Caveats

• Use of eCaveat form
• Proper caveator
• Address for service
• Caveats that may subdivide are prohibited
• Interest in land
• Caveat by registered owner

See all 13 articles

Committees

• Appointment
• Powers
• Required documents

Condominiums

• Seal not required
• The declaration
• Amending the declaration
• By-laws
• Statutory declarations required on transfer
• Website

Conforming Construction Agreements

• General information
• Authority
• Content
• Registration
• Survive tax sales and mortgage sale and foreclosure proceedings
• Amendment

See all 7 articles

Corporate Execution

• Smart forms
• Age of majority statement
• Rules for documents generally
• Rules may not apply to the Crown, religious organizations, et al.
• Corporate status
• Corporate resolutions

See all 9 articles

Correction Policy

• The correction policy explained
• The correction policy
• The correction letter
• Form 30, Correction to Statutory Evidence
• Email correspondence to be preserved
• Correction Issues - Adding or removing names of transferees

See all 32 articles

Debentures

• Process
• Requirements

Development Agreements

• Authority to register
• Restriction
• Authorizing legislation
• Requirements for registration

Development Schemes

• Creation
• Registration requirements
• Discharge and amendment

Discharges

• Use of eDischarge form
• Types of discharges
• Partial discharge changed to full discharge by district registrar
• Discharge of an instrument that has been transferred, assigned or amended
• Discharge of a mortgage that has been mortgaged
• Discharge by agent

See all 11 articles

Duplicate Titles

• General information
• Use of precedents
• Affidavit of lost duplicate title
• Affidavit of destroyed duplicate title

Easements

• Registration methods
• Statutory easements

Estates and Death

• Discharge on behalf of unprobated estate
• Discharge by party entitled to administration
• Mortgaging estate lands
• Delegation of trustee powers to attorney
• Administration order for estate worth less than $10,000
• Joint tenancy

Judgments and Orders

• Registering a judgment
• Registering a court order
• Resuing and registering a judgment thereafter
• Statute barred judgments
• Assignment of a judgment
• Registered judgment failing to bind or form a lien on targeted land

Lapsing Instruments From Title

• General information

Leases

• Registration methods

Mortgages

• Use of eMortgage form
• Corporations
• Interest of multiple mortgagees
• Mortgages by one of several joint tenants
• Mortgages without a principal amount
• Mortgages registered in series behind other charges

See all 7 articles

Personal Property Security Notices (PPSN)

• Registration in the Manitoba land titles system
• Assignment
• Amendment and renewal
• Discharge
• Vacating expired PPSN from title

Postponements

• General information

Powers of Attorney

• Language construed strictly
• Power of attorney limited to specific transaction
• Specific provisions required
• Witnessing the power of attorney document
• Powers of attorney from corporations
• Notarial copies

See all 12 articles

The Real Property Application (RPA)

• General information
• Execution/Witnessing requirements
• Old System land cannot be subdivided
• RPA not to be registered in series
• Direction
• Applications by executors of administrators

Registration Details Application (RDA)

• General information

Religious Organizations

• General information
• Transfer to a religious society
• Mortgage from a religious society
• Update named trustees
• Rules governing resolutions

Requests

• General information
• Change of name evidence

Schedules Attached to Registrations

• Use
• Statements in schedules deemed sworn
• Document incorporates schedule by reference
• Date
• Original document must be signed
• Supporting pieces of evidence are not schedules

Severance of Joint Tenancy

• Severance by a joint tenant with notice

Thirty Day Notices

• General information
• Not available for certain documents
• The process
• Failure to serve/Substitutional service
• Pending litigation order/Proof of proceedings

Transfers

• Use of eTransfer form
• Corporations
• Execution by mark
• Full and complete name required
• Land transfer tax

Transmissions

• General information

Witnessing Rules

• General information
• Remote witnessing of land titles documents
• What these rules do not apply to
• Who these rules apply to
• Rules for transfers
• Rules for mortgages

See all 9 articles

Guide Schedules

• Schedule I: Name discrepancies (Judgments and titles)
• Schedule II: Affidavit of lost duplicate title
• Schedule III: Affidavit of lost duplicate title for a corporation
• Schedule IV: Affidavit of lost duplicate title for an estate
• Schedule V: Affidavit of lost duplicate title for a power of attorney
• Schedule VI: Affidavit of lost duplicate title for a lender

See all 8 articles