Manitoba
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The Property Registry

This represents land titles and the Province

DEFINITIONS

Abstract Books

(Journals Recording Deeds Under The Registry Act )

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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 (204) 945-0971 for old system historical search information) or at (204) 945-2042 (for new system searches) for more information.

Builders Lien Registration

(Incorporation, Registration and Termination of Condominiums)

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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

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A Caveat 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 nterests 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 Charter Act (The)

(Part 6 Planning and Development)

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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 (The)

(Incorporation, Registration and Termination of Condominiums)

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Condominium related documents are registered in the Land Titles Office. The following registrations create a Condominium Corporation. The Condominium Plan shows all units and common area; the Condominium Declaration sets out the basic structure and rules of the Condominium Corporation; By-laws of the Corporation set out the day-to-day rules of the Corporation. Other condominium associated documents are also registered in the Land Titles Office. In addition, the Land Titles Office has titles for condominium units.

Deeds

(Instruments Under The Registry Act)

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Deeds are instruments used in the old system (see "Activities....Abstract Books" for information on the old system) to convey title to real property. Deeds were initially registered in the Province of Manitoba at Registry Offices. The old registry offices have amalgamated and are now Land Titles Offices and this is where deeds are currently registered. Upon registration, deeds are recorded by the staff of the office in books called abstracts. Under the old system there is no government guaranteed Certificate of Title establishing the ownership of a particular piece of land. Instead, proof of ownership of land in the old system is made through an examination of the various deeds affecting a parcel of land as listed in the abstract. Although much of the land in Manitoba is now governed by the “new system”, there is still some land in the province under the old system and deeds can still be used to convey these lands.

Family Farm Protection Act (The)

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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 can 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 (The)

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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

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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

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By operation of The Tax Administration and Miscellaneous Taxes Act a tax called Land Transfer Tax is charged when a transfer of land is registered at Land Titles. Land transfer tax is collected by the Land Titles Offices on behalf of the Province of Manitoba. This tax is a sliding scale tax, dependant on the fair market value of the lands being transferred. Land Transfer Tax is not payable on all transfers, and a list of exemptions can be found in The Tax Administration and Miscellaneous Taxes Act. Land Titles staff can assist you in calculating the amount of tax to be paid upon the registration of a particular transfer of land. Reference should be made to the legislation to determine if a particular transfer is exempt from the payment of this tax.

Mortgage Registration

(See also Mortgage Sale and Foreclosure)

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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.

A copy of any mortgage registered against your land may be available through Documents Online which is part of The Property Registry Online Services website or you may visit any one of our district offices and we will be happy to assist you.

Mortgage Sale and Foreclosure

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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.

Ownership of Land

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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 The 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 (The)

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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 (The)

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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 (The)

Part 1

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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

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Plans are filed or registered in the Land Titles system. Plans which are registered subdivide land. They create new title limits. Plans in this category include but are not limited to plans of subdivision, condominium, special survey and expropriation plans such as public road, drain and works.

Plans which are filed are explanatory plans. The generally define interests in land but do not create new title limits. Plans within this category include but are not limited to plans of survey and easement plans.

Low resolution images of most plans are available for viewing online at no cost. High resolution images or paper prints may be ordered online at https://direct.gov.mb.ca/ltohtml/html/internet/en/lto.html.

Planning Act (The)

Part 8 - Subdivision Control

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Under the Planning Act, approval may be required prior to the subdivision of land held in one or more certificates of title. Some subdivisions of land may be exempt from The Planning Act or The City of Winnipeg Charter Act.   Contact The Property Registry, City of Winnipeg or Community Planning to determine if you require a planning application.

Subdivision of Land

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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 transaction 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 The Planning Act - Part 8 - 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

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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:

Direction that special survey may be made
1  The minister, upon the request of any municipality where the land to be affected is situated in the municipality, or if he thinks proper in any case without the request, and whether the land to be affected is in an organized municipality or not, may direct a special survey to be made of any land in the province, for the purpose
    (a) of correcting any error or supposed error in respect of any existing survey or plan; or
    (b) of plotting land not before subdivided; or
    (c) of showing the divisions of lands of which the divisions are not shown on any plan
    of subdivision; or
    (d) of fixing the location or width of any roads or highways; or
    (e) of establishing any boundary lines the positions of which, owing to the obliteration of the
     original monuments defining them on the ground have become doubtful or difficult of being
     ascertained;
and upon every such special survey may have a plan prepared showing it, which special survey and plan may be made on the principle of a block-outline survey or a completed survey either in whole or in part. S.M. 1993, c. 48, s. 100; S.M. 1996, c. 64, s. 16; S.M. 2004, c. 42, s. 82; S.M. 2010, c. 33, s. 62.

The program is administered by the office of the Examiner of Surveys.

Survey to be made under guidance of Registrar-General
2   The special survey and plan shall be made under the guidance of, and instructions from, the Registrar-General; and when the plan is completed it shall be filed, together with the field notes of the surveyor who prepared the plan, with the Registrar-General. S.M. 2002, c. 15, s. 2.

Plans of Survey

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Survey Plans registered at the Land Titles Office of The Property Registry define the location of land ownership and varying interests in land. These plans may only be prepared by a Manitoba Land Surveyor (MLS), commissioned to practise Land Surveying in Manitoba. Examples of survey plans are Plan of Survey, Plan of Subdivision, Plan of Public Road, and Plan of Easement. There are several other types of survey plans. These plans locate property boundaries and may also be prepared to locate the limits of interests in land such as land dedicated to the public for Public Roads or Public Reserves, right of ways as described in a caveat registered against title, or to locate the boundaries of varying subsurface rights related to mines and minerals.

Tax Sale Redemptions

(Payment of Outstanding Property Tax)

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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
(204) 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".

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.

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