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In This Volume

  • 357 (1) On registration of the order in council and plan, the plan of special survey becomes the official plan of the land comprised within the limits of the plan or part of it approved, and is binding on all persons, and all amounts of compensation, costs and expenses which by the terms of the order are charged against the registered owner of any parcel shown on the plan become a lien on that parcel respectively in favour of the government or the municipality, or the person entitled to receive it, as the case may be, and are assessable and collectable in the manner provided.
  • (2) If the plan shows an increase in the area of a parcel, as compared with the original or previously existing survey or plan covering that parcel, the plan as registered operates as a conveyance to the registered owner of that parcel of the area added to that parcel by the taking effect of the plan of special survey free of all charges to which it may have been previously subject, but subject to all charges which exist against the parcel of which it becomes a part, unless a contrary intention is expressed in the order in council with which the plan is registered.



Registration of Lien

The lien created by s. 357(1) is registrable. The registrar makes an application in Form 17 and carries out the registration of the lien. The registrar endorses the registration as “Lien,” with the number of the lien being the number under which the final order is filed. In the charge segment of title, the registrar notes “pursuant to order under Land Title Act, Part 23 (Special Surveys)”.