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Bulletin information:

Issue Date: December 18, 1998
Legislation: Land Titles Act 

Bulletin content:

Subsection 111(4) of the Land Titles Act which provides that the original lease or agreement to lease must form part of the Notice of Lease in order to be registered, has been replaced by the Red Tape Reduction Act, 1998 and replaced with a new subsection.

The new subsection now provides that the applicant may register:

  1. a notice of the lease or agreement setting out the particulars of it;
  2. a notice accompanied by the lease or agreement; or
  3. a notice accompanied by a notarial copy of the lease or agreement.

If the applicant chooses to register a notice of the lease as in (a) above setting out the particulars of the lease, it must contain:

  1. the names of the parties to the lease or agreement:
  2. he date of the lease or agreement:
  3. the term and expiry date of the lease or agreement:
  4. where applicable, the expiry date of the agreement to lease:
  5. any right to option to purchase:
  6. any provision for renewal or extension and the conditions relating thereto,
  7. the addresses of all parties mentioned in the lease or agreement; and
  8. a statement by the lessee (or other interested party) that he/she is prepared to produce the lease (or document) to which this notice relates for inspection by any person who can establish an interest in the land described.

Section 111 is also amended to provide that an amendment of a lease may be registered. This would be done by way of an application for registration of a notice of an interest in al ease under subsection 111(6).

The provisions to register a notice only setting out the relevant details of the lease are similar to those under the Registry Act. The introduction of this provision in Land Titles will assist client to complete their transaction in a manner which meets their commercial needs.

These provisions are effective as of December 18, 1998.

Original signed by:

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