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In This Volume

  • 183 If a condition, exception, reservation, charge, lien or interest is carried forward from a former folio in the register to a new certificate of title, the new entry in the register has the same effect as the original entry, and for all purposes dates from the time when it was originally made in the register.

1979-219-179.

PRACTICE

Charges Assigned or Transmitted

The registrar carries forward charges that have been assigned or transmitted from a former folio of the register to a new indefeasible title. The registrar shows the original charge and the subsisting assignment or transmission of a charge. In the remarks segment of title, the registrar makes a reference to the original registration and to any modification or previous assignment or transmission of the charge. In carrying charges forward, the registrar does not always arrange them in order of priority.

Assignment of Charges Not Carried Forward under ALTOS 1

When a paper title was transferred initially to the land title office system, the head mortgage or lease was not carried forward if a subsequent assignment or transmission had been made. The land title office now updates that indefeasible title and restores a charge that was not carried forward under ALTOS 1 when:

  1. a title that does not conform to current practice is reported to the land title office and accompanied by a correction request; or
  2. the land title office identifies the non-conforming title in the performance of its duties.