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Bulletin information:

Issue Date: January 25, 1988
Legislation: Land Titles Act

Bulletin content:

This bulletin supersedes bulletin 81018.

Subsection 149(2) of the Land Titles Act does not permit the land registrar to require a reference plan where a transfer or charge affects:

  1. the whole of a registered parcel of land according to the parcel register;
  2. the while of a lot, block, street, lane, reserve or common according to a registered plan of subdivision or composite plan;
  3. the whole of a part according to a previously recorded reference plan of survey.

This subsection should also be constructed as applying to other instruments which affects land as set out above.

For the purpose of claims 149(2)(a), the “remainder” of a registered parcel is to be treated as the whole of a parcel. However, in some cases, where additions to or severances from the original description result in a new description that is, in the opinion of the land registrar, vague, complicated or inaccurate, subsections 141(1) authorizes the land registrar to request a new description for the parcel including the option of a reference plan.

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