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Last revised:
March 16, 1995

Memo to:

Land Registrars

From:

Kate Murray
Director of Titles

Contents of the memo:

Inadequate descriptions are often not discovered until after a document has been registered. The common practice in many land registry offices has been to maintain an unofficial index where documents that cannot be abstracted are noted. Since there is no statutory authority to maintain such an index, and this practice could result in an unwarranted extension of system liability to the Branch, all entries in such indices are to cease.

No further action need be taken on the documents that have been entered in such an index, but the index should be retired.

For future documents that are unable to be abstracted, a notice to that effect will be sent to the registrant. In addition, the notice will advise the registrant that in order for the document to be entered against the correct abstract index, a declaration under section 25 may be registered except in the case where the land is outside the jurisdiction or should have been registered under the Land Titles system. A precedent of the notice forms part of this memo. This notice is a courtesy only and land registry offices are not obligated to ensure that a registrant follows through. The notice should then be filed with the document.

Sample Form

Date:
From: Land Registry Office No.
To:
Re: Instrument Number(s)

The above instrument(s) were registered in this office on [Enter date]. We were unable to abstract them due to the following reason(s):

  • Incorrect or incomplete
    • block or lot number(s)
    • plan number(s)
    • township, municipality, jurisdiction
    • street refernce;
  • The lands may now be under Land Titles;
  • The lands are now on a registrar's compiled plan:
  • The description is ambiguous;
  • Other

In order for the document(s) to be entered against the correct abstract index, you may register a declaration under section 25 of the Registry Act, except in the case of land which is outside the jurisdiction of this land registry office, or if the document should have been registered in the Land Titles system.

This notice is being sent as a courtesy only. It is your responsibility to make sure your document has a registerable description.

Original signed by

Kate Murray per M. Wiseman

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