The Property Registry
DEFINITIONS
Abstract Books
(Journals Recording Deeds Under The Registry Act)
(back to definition index)The first system of public recording of dealings with land after Manitoba became a province in 1870 was established by a statute called The Registry Act. Each unit of land was represented by a page in a book called an "Abstract Book". All transactions were by deed, such as Deed of Mortgage or Deed of Conveyance. When that unit of land was sold, mortgaged or otherwise dealt with, the deed could be registered in the Registry Office and recorded in the Abstract Book. This system is called the "old" system or the Deed system.
Another system of public recording of dealings with land was introduced in 1885 by a statute called The Real Property Act.This system is quite different from the old system in that it involves certification of ownership known as "certificates of title" and other certificates. This system is called the "new" system or the title system.
Land is converted from the old system to the new by an application of the owner of the land to the Land Titles Office.
The Abstract Books are maintained by the Land Titles Office to record dealings with land still in the old system and for historical research into land which was formerly under the old system. Historical searches are often related to genealogical research, family histories, homesteading information, mines and minerals, etc.
If you are interested in family or historical research, please call us at 945-2262 (for old system historical search information) or at 945-0185 (for new system searches) for more information.
Builders' Lien Registration
(back to definition index)The Builders' Liens Act gives a registered claim for payment to persons who do work, provide services or supply materials for the improvement of land, by giving such persons a lien against the land improved.
The Land Titles Office registers these lien claims against the land.
People engaged in construction work can search Land Titles records to find the information necessary to make a proper lien claim.In most cases, lawyers are retained to make the lien claim as the procedure and time limits are complex and strict. Note that registrations cease at 3:00 p.m. each business day.
Caveat Registration
(back to definition index)"Caveat"s is a type of document registered against land for certain purposes and only used in the new system.
A caveat is a notice of a claim to land. It is used, for example, to claim the right to an easement, or encroachment, a lease, a trust, an offer to purchase, a pledge as security for a loan, or for other interests in land.
The Land Titles Office can provide a copy of any caveat filed so that the claim can be examined by any person interested.
City of Winnipeg Act
(Part 20 Planning and Development)
(back to definition index)The Land Titles Office plays a part in the planning and development process of the City of Winnipeg. Subdivisions, development agreements, drainage agreements, public reserve lands and other land use related issues involve the Land Titles Office when registration is required.
The Land Titles Office keeps records of registered documents and has them available for public search. We also check registrations to ensure that the proper approvals from the City of Winnipeg have been obtained.
Condominium Act
(Incorporation, Registration and Termination of Condominiums)
(back to definition index)Condominium related documents are registered in the Land Titles Office. It is this registration which creates the Condominium Corporation. The Condominium Plan (showing all units and common areas), the Condominium Declaration (setting out the basic structure and rules of the Condominium Corporation), by-laws of the Corporation (setting out day-to-day rules of the Corporation) and other documents are registered in the Land Titles Office and are available for any interested person to examine. Similarly, the title for any condominium unit is registered in the Land Titles Office and is available for search.
Deeds
(Instruments Under The Registry Act)
(back to definition index)Deeds are legal documents used in the old system (see "Activities....Abstract Books" for information on the old system) to lease land, to
change the ownership of land, to mortgage land and otherwise regulate
dealings with one person to another. Most occupied land is now under
the new system in which deeds are not used. They have been replaced
by new system documents. Deeds
were registered in the Land Titles Office which keeps a permanent
record of them and can make copies if requested. The registration of a Deed causes the Land Titles Office
to make a written entry in the Abstract Book (see above).
Deeds are often useful in historical or family research.
Users should be aware of the statute called "The Short
Forms Act" in which the language and meaning of a Deed of Conveyance,
a Deed of Mortgage or a Deed of Lease are expanded.
The Deed forms themselves are scheduled in this statute.
Family Farm Protection Act
(back to definition index)The Family Farm Protection Act aims to afford protection to farmers against unwarranted loss of their farming operations, to preserve Manitoba's agricultural land base, to preserve management skills of farmers, to preserve human resources and existing family farm communities' lifestyles and traditions during periods of difficult economic circumstances. The Act establishes the Manitoba Farm Mediation Board to mediate between farmers and their creditors. The Act requires (among other things) that all persons who wish to proceed against farm land covered by the Act must obtain permission from the court before going ahead.
Because mortgage lenders proceed through the Land Titles Office to realize on their security, the Land Titles Office must ensure that mortgage holders on farm property comply with the Act and apply to the court for permission before taking mortgage sale proceedings.
Farm
Lands Ownership Act
(back to definition index)
The Farm Lands Ownership Act aims to control the extent of foreign ownership of Manitoba farm land. It establishes a Manitoba Farm Lands Ownership Board to, among other things, review foreign applications to own Manitoba farm land.
The Land Titles Office reviews all documents registered to ensure that this Act is complied with.
Land Transactions Registration
(back to definition index)The Land Titles Office provides a central registry for transactions involving land. Buying and selling land, mortgaging, leasing, development and many other activities are recorded by registration in our offices.
A central registry brings certainty to dealings with land since ownership and other interests in land are all shown in one place, on the title to that land. This minimizes surprises and helps prevent unknown or unexpected interests from interfering with transactions.
The Land Titles Office can assist in providing information about any parcel of land you may be interested in.
Land Transfer Tax
(back to definition index)Land Transfer Tax is imposed by The Revenue Act on the registration of a transfer. The amount of the tax is based on the fair market value of the land and buildings and is calculated using a formula set out in the Act. Briefly, there is no tax on the first $30,000.00 in value. The tax begins with ½ of 1% between values of $30,001.00 and $90,000.00. The next tax level is 1% on the amount of valuation between $90,001.00 and $150,000.00. The next tax level is 1½% on the amount of valuation between $150,001.00 and $200,000.00. The final rate is 2% over $200,000.00 without limit. Reference should be made to the statute, or ask the Land Titles Office for specific properties. The tax must be paid when the transfer is registered in the Land Titles Office. There are many exemptions from tax set out in the Act, including some transfers between spouses, transfers to correct an error, transfers of farm land to farmers and to charities may be exempt from tax.
The Land Titles Office acts as the collector of this tax for the Minister of Finance.We ensure that the tax is paid and review the exemption evidence.
Mortgage Registration
(See also Mortgage Sale and Foreclosure)
(back to definition index)If you are borrowing money from a bank or credit union to buy a house, the lender will often ask for a mortgage on the property being purchased to secure the loan. This means that if the payments are not made or the loan not paid back, the lender can sell the house or become the owner of it to recover the money lent.
Mortgages are registered in the Land Titles Office against titles and old system land. We certify that the mortgage is registered and its position on the title or abstract. Along with the lawyer';s assurances, the lender will be protected in lending its money and the borrower will be able to purchase suitable housing.
The Land Titles Office can provide you with a copy of any mortgage registered against your land.
After the loan is paid, the lender will give you a document to file in the Land Titles Office called a discharge which will cause the mortgage to be removed from your land.
Mortgage Sale and Foreclosure
(back to definition index)Where a borrower is in financial difficulties and is unable to pay a loan secured by a mortgage on land, the lender may take steps to sell the land or become the owner of it to satisfy the debt. The steps that the mortgage lender takes are taken through the Land Titles Office.
The first step is the registration in the Land Titles Office of a notice, called a Notice of Exercising Power of Sale, or NEPS for short. This notice gives some details about the land in question, about the debt and how it is not being paid and how to bring the debt back into good standing. The NEPS is delivered personally to every person affected by the proceedings and who is registered on the title.
If the debt is not brought back into good standing one month after the notice is delivered, the mortgage lender can apply to the Land Titles Office for permission to sell the land and use the proceeds of sale to pay the debt. The method of sale will be by private sale (usually through a real estate agent) or by auction sale.
If the property is unsold after an auction sale, the mortgage lender may apply to the Land Titles Office to foreclose. Foreclosure is where the mortgage lender becomes the owner of the land. A notice is delivered personally to affected parties once again, this time giving notice that the mortgage lender may become the owner of the land.
Mortgage borrowers will be responsible to pay any shortfall if the debt is larger than the sale proceeds. The debt will include reasonable legal and other costs of the mortgage lender in taking the steps described above. If the mortgage lender becomes the owner of the land through foreclosure, the debt may be extinguished.
Mortgage Sale and Foreclosure are very complicated proceedings with serious consequences. Those who unfortunately find themselves the subject of these sorts of proceedings should seek professional advice immediately. The Land Titles Office has the powers to review and tax the legal and certain other costs of the mortgage lender to determine whether they are reasonable and to make appropriate adjustments.
Tax Sale Registration
(Part II - Taxes)
(back to definition index)If property taxes remain unpaid after the 31st of December of the year in which they were imposed on any land except within the City of Winnipeg, the municipal taxing authority (city, town, village or municipality) may take steps to sell the land at auction and to use the sale proceeds to pay the taxes. These steps are set out in part II of
Notices that an auction sale will be held are mailed to those who have a registered interest in a title at least 3 months before the scheduled auction sale date. Notice is also posted in the municipal office.
The taxes may be paid and the property redeemed from tax sale at any time up to the sale of the property at auction.
In the City of Winnipeg, if property taxes remain unpaid after one year after the 31st of December of the year in which they were imposed, the City may apply to become the owner of the land to satisfy the taxes owing. The steps that the city must take on a tax sale are set out in The City of Winnipeg Act.
The City must deliver a notice to every person who will lose their interest in the land. This notice gives interested parties three months in which to redeem the land by payment of the arrears in taxes including penalties and costs. At the end of three months, if the land has not been redeemed, the City may become the owner of the land. (See also Tax Sale Redemption.)
Ownership of Land
(back to definition index)Records concerning the ownership of land are kept at the Land Titles Office and are available for public access.
In most cases, the Province of Manitoba has issued a certificate which certifies the registered owners of the land and all registered interests in that land. These certificates are available for search upon request.
Where land is held under The Real Property Act, (Torrens System of land holding), a guaranteed title is issued in the name of the owner by the Land Titles (see also Real Property Act .Any interests in land that may affect this title are shown on the title where someone registers that interest.
Where land is held under The Registry Act, (Old System) also known as the Deed System, a deed is recorded in an abstract book (see also Abstract Books). The Land Titles Office does not guarantee ownership under the Old System, but will record all deeds that are presented to the office, from the First Crown Grant to the first owner of land through to the last person showing ownership on the deed.
Real Property Act
(back to definition index)The Real Property Act is a Manitoba Statute that regulates the Land Titles system and other aspects of land law in Manitoba.
First introduced in 1885, it has been amended many times over the years to reflect the changing needs and circumstances of Manitobans in their dealings with land. The objectives of the Act though have remained the same to simplify and give certainty to title and to facilitate dealings in land.
The Act organizes Land Titles Offices and provides for the powers of its officials. Each Land Titles district (currently Brandon, Dauphin, Neepawa, Portage la Prairie, Morden and Winnipeg) is responsible for a certain area of the province and altogether for the entire province. The most senior official in each office is called the District Registrar who is responsible to maintain the registry and supervise its operation. (See also Land Transactions Registration.)
Religious Societies Lands Act
(back to definition index)The Religious Societies Lands Act provides a way for churches, congregations and other religious associations that are not otherwise incorporated (under The Corporations Act or by private statute) to own land and prescribes rules for dealing with that land.
Land is held on behalf of a religious society by trustees as appointed from time to time by the society from among its members. Court approval is required for the sale and transfer of ownership of the land.
Surveys Act
Part 1
(back to definition index)The Surveys Act places the responsibility of ensuring the maintenance of the provincial survey fabric with the Registrar General. The municipalities pay the cost of maintaining these surveys, including survey posts that mark the boundaries of someone's property. Survey monuments are an essential part of the land ownership system. The loss or deterioration of survey posts has been a concern to municipalities. The Land Titles has worked with the provinces'; municipalities to develop a program to assist municipalities with the cost of maintaining the survey posts. For more information see: Survey Outline Monument Restoration Program)
Plan Registration
(back to definition index)Plans are both filed and registered in the Land Titles Offices for a variety of purposes. Generally plans are filed to provide a precise location for an interest in land; these include easement and explanatory plans. Plans are registered to provide an accurate location for the issuance of title; these include: plans of subdivision, public road, condominium, special surveys and public drains. Once the plans are registered, they are available in the District Offices for viewing. The Winnipeg office maintains a complete set of plans for the entire province.Copies can be obtained by phoning 1-204-945-2285.
Planning Act
Part VI - Subdivision Control
(back to definition index)The Land Titles Office plays a role in the planning and development process of the Department of Rural Development. Each planning application is reviewed to determine whether or not a plan is required to be registered.
Subdivision of Land
(back to definition index)A subdivision occurs when dividing a single land title into two or more parts. A person may transfer a part of their land holding without further review of their land description, if it is a simple trasnsaction and it meets with the approval of the Land Titles Office.
If the land description does not meet the rules of the Land Titles Office, a full planning application is required. See Planning Act - Part VI - Subdivision Control
Subdivision planning applications can be obtained from the City of Winnipeg for land within the City of Winnipeg. Applications for areas excluding the City of Winnipeg can be obtained from Regional Community Economic Development Service Office or at the Land Titles Office. With this application you will receive a step-by-step process guide. Subdivision procedures are set out in The City of Winnipeg Act for Land within the City and in The Planning Act for land outside the City of Winnipeg.
Special Surveys Program
(back to definition index)Shortly after the introduction of the Torrens System in Manitoba, in 1895, The Special Survey Act was passed. This Act permits a Special Survey to be carried out on any land within the Province for the purpose:
- of correcting any error or supposed error in respect of any existing survey or plan; or of plotting land not before subdivided: or
- of showing the divisions of land of which the divisions are not shown on any plan of subdivision; or (d) of fixing the location of width of any roads or highways; or
- of establishing any boundary lines the position of which, owing to the obliteration of the original monuments define them on the ground have become doubtful or difficult of being ascertained.
The program is administered by the office of the Examiner of Surveys.
Surveys of Land
(back to definition index)Surveys are plans that are registered in a Land Titles Office to show boundaries of land ownership or certain interests in land such as an easement or right of way.
All surveys of land are registered in the Land Titles Office. In order to register a plan, it must be prepared by a licensed Manitoba Land Surveyor. Some survey information that show a boundary of your property is not filed in a Land Titles Office. Two common products that cannot be obtained from the Land Titles are: The Building Location Certificate and Staking Certificates. In most jurisdictions these are referred as Real Property Reports. These certificates are prepared by surveyors for owners of land and are not filed in the Land Titles Office.
Tax Sale Redemptions
(Payment of Outstanding Property Tax)
(back to definition index)For land within the City of Winnipeg, after a certain stage in the Tax Sale proceedings, payment of arrears must be through the Land Titles Office.
The first step should be to contact the City of Winnipeg to determine whether the arrears should be paid directly to the City, or through the Land Titles Office.
If payment is to be made through the Land Titles Office, please contact us by telephone at 945-2262 to obtain a written statement detailing the calculation of the amount owing. Then bring to the Land Titles Office the amount detailed in the statement in cash or by certified cheque payable to the "Minister of Finance". You will be given a receipt and the notices of tax sale will be removed from your title.
For land outside the City of Winnipeg, please make payment directly to the town or municipality concerned. The Land Titles Office does not receive payments of this kind for land outside Winnipeg.
