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Bulletin information:

Issue Date: May 28, 1982
Legislation: The Land Titles Act R.S.O. 1980 c.230 Section 169

Bulletin content:

Application

Section 169 of The Land Titles Act R.S.O. 1980 c. 230 provides for the withdrawal of land from the land titles system upon the application of the registered owner. The form of application is prescribed by section 36 of O. Reg 75/82 The Act provides that the registered owner must prove to the land registrar that special circumstances exist that under the withdrawal of the land expedient, and that all persons interested in the land consent to its withdrawal. The legal description of the land contained in the application must be acceptable for registration in both systems.

The withdrawal will not be approved unless the land was previously recorded in the registry system (i.e. that the original Grant from the Crown was not registered under The Land Titles Act.) Also, if the land was brought into the land titles system pursuant to section 143 of The Land Titles Act, the application for withdrawal will not normally be approved.

Order and certificate of withdrawal of land registrar

When an application is received which complies with the requirements as set out above to the satisfaction of the land registrar, the land registrar will prepare and signed an order according to Form 47 of O. Reg 75/82 which states that the land is to be withdrawn from the land titles system and that a certificate to this effect is to be registered in the land registry office for the appropriate registry division. A certificate of withdrawal according to Form 48 of O. Reg 75/82 is then prepared which will contain an adequate description of the land for registration in the registry system and will set out all the encumbrances which affect the land titles system. The certificates of withdrawal must be signed by the land registrar and approved and countersigned by the Director of Titles.

Registration

The application will be registered when it is received by the land registrar. When the order and certificate are ready for registration, the land registration must check, between 4:30 p.m. or office closing time, if later and before the office opens the following morning, to ensure that the applicant remains the owner and that there are no new encumbrances on title not listed in the certificate. If there is none, he will register the order before the office for the appropriate registry division. The registration number of the certificate should be mentioned in the entry for the order in the parcel register.

Sample entries are attached as Schedules “A” and “B.”

Upon registration in the registry system, the certificate should be recorded in the current abstract index for the land as it was designated immediately before its registration under The Land Titles Act. Where the property has been described in accordance with a plan of subdivision or other plan registered in the land titles system, a reference should be made in the “Land and Remarks” column to both its description in the registry system and its former land titles description.

Fee

The Director of Land Registration has set the fee for the registration of the application to withdraw land from the Land Titles Act, including the registration of an order and certificate, where applicable, at $25.00, which is payable when the application Is registered.

This bulletin replaces Bulletin No. 77025 dated September 2, 1977.

Original signed by:

Zita O. Bury, Solicitor

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