Land Title Practice Manual

27 Registration And Effect Of Declaration

In This Volume

  • 27 (1) The order containing the declaration of title, or a certified copy of it, must be deposited for registration in the land title office of the land title district in which the land in respect of which the declaration of title is given is located, accompanied by an application for registration.
  • (2) On receiving the application, the registrar of titles must register the indefeasible title to the land in the name of the owner as declared in the declaration.
  • (3) The order containing the declaration of title, when sealed, signed and registered
  • (a) is conclusive, and the title declared in it must be considered to be the true and correct title from the date of the declaration, as regards the government and all other persons, subject only to charges or encumbrances, conditions, exceptions and reservations mentioned or referred to in it, or in its schedule, and
  • (b) is conclusive evidence that every application, notice, publication, proceeding, consent and act which ought to have been made, given and done before the granting of the declaration has been made, given and done by the proper parties.

1979-220-27; 1982-60-109, proclaimed effective August 1, 1983.

PRACTICE

Registration of Declaration of Title

A Property Transfer Tax Return is required for both an electronic and a hardcopy submission.

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Declaration of Title, and attach an image of the original order containing the declaration of title issued under s. 23 of the Act or a certified copy.

Pursuant to s. 169(1) of the Land Title Act, the registrar must be satisfied the boundaries of the land are sufficiently defined. Where the registrar is not satisfied that the boundaries of the land described in the court order are sufficiently defined as required under s. 169(1), the Application for Declaration of 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 court order.

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 application for “Declaration of Title” on the Form 17 Fee simple.

Where the Application for Declaration of Title on the Form 17 Fee Simple is accompanied by a Reference Plan, the legal description on the Application for Declaration of Title on the Form 17 Fee Simple and the attached court order 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, §5:14.