Land Title Practice Manual

126 Publications And Posting

In This Volume

  • 126 The registrar may order a petitioner to do one or both of the following:
  • (a) publish a notice of the petition and of the date, time and place of the hearing in the Gazette and in a newspaper circulating in the area of the land affected by the petition at least 2 weeks before the hearing date;
  • (b) post the petition and any other documents, for 4 consecutive weeks before the date set for the hearing, at one or more of the following places:
    • (i) a conspicuous place on the land affected by the petition;
    • (ii) if the land affected by the petition is in a municipality, the municipal hall;
    • (iii) if the land affected by the petition is not in a municipality, a nearby court house or other Provincial government building or in a nearby post office, with the permission of the person in charge.

1979-219-126; 1993-52-1.

PRACTICE

Proof of Publication and Posting

The registrar requires proof of posting and publication by way of affidavit. The affidavit must state clearly that the petitioner posted and/or published in accordance with s. 126 of the Act.

Electronic Filing

Subsequent documents related to the service and hearing are attached to an electronic Declaration and submitted with any additional fees required.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

In calculating “four weeks”, see Interpretation Act, s. 25.2.