89004 Expired Interests
Bulletin information:
Issue Date: May 22, 1989
Legislation: Land Titles Act
Bulletin content:
Various sections of the Land Titles Act, including section 78, 80 and 106 authorize the Land Registrar to delete expired or discharge interests on application.
In addition to this authority and obligation to maintain a current title record is integral to the land titles system and subsection 42(1) of Ontario Regulation 75/82 accordingly provides that where the Land Registrar is satisfied that an entry in a register no longer affects the land, the Land Registrar may on his/her own initiative, make a deletion or amendment. This will often assist registrants, and much entries do not have to be carried forward when making re-entries or in data collection for the automated system under Part II of the Land Registration Reform Act, 1984.
Land Registrars are therefore advised that entries of expired and discharged interests (including notices registered under section 74 of the Act and expired easements and rights of way) may be deleted without application. This applies whether or not the Land Registrar may delete such interests on application. Deletions should be marked “deleted” and signed. Requests for deletions by users should be accommodated as time permits. No fee should be charged for such deletions.
Land Registrars should note the following:
- expired conditions or covenants cannot be deleted until ten years after their expiration (subsection 118(8) of the Act).
- executions should not be deleted without checking carefully for renewals.
- records should be reviewed to ensure that all related entries are deleted (postponements etc.)
Original signed by:
R. Logan, Director of Land Registrations
R. Blomsma, Director of Titles