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In This Volume

  • 19 (1) In the transfer of an estate in fee simple, it is sufficient to use the words “in fee simple” without the words “and his heirs”.
  • (2) A transfer of land to a person without words limiting the interest transferred, or to a corporation sole by his or her corporate designation without the words “successors” passes the fee simple or the greatest estate or interest in the land that the transferor has power to transfer, unless the transfer expressly provides that a lesser estate or a particular interest is being transferred.
  • (3) A voluntary transfer need not be expressed to be for the use or benefit of the transferee to prevent a resulting trust.
  • (4) Subsections (1) and (2) do not prevent an instrument from operating by way of estoppel.

1979-340-19.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Form of Transfer

See s. 185 of the Land Title Act in this Manual.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 233 and 234, and vol. 3, para. 875.