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Bulletin information:

Issue Date: December 16, 1998
Legislation: Land Titles Act

Bulletin content:

The Mortgages Act and Land Titles Act require that all interested parties appearing by the register of title and by the index of executions to have an interest in the mortgaged property must be served with a Notice of Sole in a Power of Sale proceedings carried out by the mortgagee.

Where an easement that is registered after the charge contains the consent of the chargee, even if wording implies a postponement, that easement holder must be served with a notice and the easement will be deleted when the transfer under Power of Sale is registered.

Under the Land Titles Act the registration of an easement with the chargee’s consent does not give notice on the parcel register of a postponement of charge and a separate registration by way of a postponement in the prescribed form is required to give the easement priority over the charge.

An easement or other interest registered subsequent to the registered charge is not to be deleted from the parcel register where the new purchaser is the transfer under a Power of Sale consents in writing that he/she will take titled subject to the continuance of the easement or other interest.

Original signed by:

Ian Veitch, Director of Land Registration
Katherine M. Murray, Director of Titles