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In This Volume

  • 7 (1) Any consent required for a disposition during the lifetime of a spouse that takes effect during the lifetime of that spouse, of a homestead under this Act must be produced and filed in the land title office with the instrument by which the disposition is effected.
  • (2) The consent may be embodied in or endorsed on the instrument effecting the disposition.
  • (3) The execution of a disposition referred to in subsection (1) by the spouse on whose behalf the entry is made constitutes a consent under this Act.

PRACTICE

Cancellation of Entry

Where a spouse who has obtained an entry consents to a right to purchase, option to purchase, mortgage, or lease, the registrar does not cancel the entry. However, in the case of a transfer the registrar cancels the entry.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 320 and 321.