174 Application To Convert Absolute Fee Into Indefeasible Title

REGULATIONS AND FORMS

Application by Owner of Absolute Fee for Indefeasible Title

The director has approved the use of Form 20, Application by Owner of Absolute Fee for Indefeasible Title. The use of Form 20 is compulsory.

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Application by Owner of Absolute Fee for Indefeasible Title, and attach an image of the original Form 20.

PRACTICE

When the registrar considers an application under s. 174(1) or intends to proceed under s. 174(3), the registrar must be satisfied of compliance with s. 169(1) of the Act. Where the registrar is not satisfied that the boundaries of the land described in the absolute fee are sufficiently defined as required under s. 169(1), the Application by Owner of Absolute Fee for Indefeasible Title on the Form 17 Fee Simple must be accompanied by a Reference Plan under s. 100(1)(a) of the Land Title Act that redefines the boundaries of the land described in the absolute fee.

Application to Deposit Plan

Use the electronic “Application to Deposit Plan” and select “REFERENCE OR EXPLANATORY” in item 3. The “Number of new lots created” should be selected as 0, as the fees and the application number used to create the fee simple title will be derived from the Form 17 “Application by Owner of Absolute Fee for Indefeasible Title”.

Where the Application by Owner of Absolute Fee for Indefeasible Title on the Form 17 Fee Simple is accompanied by a Reference Plan, the legal description on the Form 17 Fee Simple, and the Form 20 in support of the Form 17, must refer to the new legal description resulting from the accompanying reference plan. As the PID number for the new parcel has not yet been issued, enter the plan number of the Reference Plan in the “Plan Number” field on the Form 17 Fee Simple.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, §4:1.