The Land Titles Act. being. Chapter L-5 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979).

Transcription

1 The Land Titles Act being Chapter L-5 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation PART I Organization of System REGISTRATION DISTRICTS 3 Eight districts 4 New districts 5 Land title offices 6 Power to close or alter districts 7 Effect of closing or altering districts 8 Provisional registration in new districts OFFICIALS 9 Master of Titles 10 Deputy Master of Titles 11 Qualification 12 Chief surveyor 13 Deputy chief surveyor 14 Registrar 15 Deputy registrar 16 Qualification 17 Officials attached to Attorney General s Department 18 Officials not to act in certain private capacities 19 Officials not liable for bona fide act 20 Seals of office 21 Administration of oaths 22 Sealed copies and abstracts 23 Office days and hours 24 Extension of time expiring on certain days 25 Instrument register 26 Stamping, entry, examination and acceptance or rejection of instruments 27 Serial number and date of receipt determine priority 28 Serial numbers and dates of receipt taken from the instrument register 29 Retention by registrar of certificates of title and other instruments, etc. 30 Certificate respecting lost, mislaid or destroyed instrument 31 General record 32 Removal of certificates of title from register 33 Microphotographs of certificates of title and other instruments 34 Office supplies PART II Registration and Its Effect APPLICATIONS TO BRING UNDER THE ACT 35 Application for registration 36 Form of and documents accompanying application 37 Grant of certificate 38 Discharge of mortgage 39 Issue of title subject to interest of third party 40 Where interested party consents 41 Other cases referred to Master 42 Master to examine documents and hear parties 43 Adverse claims: notice in case of 44 Filing of 45 Examination of 46 Publication of notice 47 Order for registration of title 48 Delivery of duplicate to owner 49 Withdrawal of application REGISTRATION 50 Crown grants retained by registrar 51 Cancellation of instruments affecting provincial lands 52 Cancellation of instruments affecting title of province 53 Hudson s Bay Company lands 54 Railway Company lands 55 When registration deemed effected 56 Duplicate certificate of title produced 57 Duplicate certificate of title not produced 58 Cancellation of certificate and duplicate upon transfer 59 Disposition or reservation of undivided fractional interest in minerals 60 Memorandum 61 Registration of instruments belonging to other systems 62 Registration of certified copies ATTESTATION OF INSTRUMENTS 63 Within Saskatchewan 64 Outside Saskatchewan 65 Execution by members of permanent forces 66 Power of court or judge where proof of execution defective EFFECT OF REGISTRATION 67 Unregistered instrument ineffectual transfer 68 Land affected by obligations endorsed on certificate 69 Implied conditions 70 Implied conditions consequent upon closing of road, etc. 71 Adverse possession 72 Rights not acquired by prescription 73 No trusts registered 74 Priority of registered instruments 75 Covenants implied in instruments 76 Effect of implied covenant

3 PART III Dealing with Certificate of Title CORRECTION OF CERTIFICATE 77 Correction of errors CANCELLATION OF CERTIFICATE OF TITLE 78 Consolidation of certificates of title 79 Partially cancelled certificates of title 80 Power to cancel certificate or title and issue new certificate LOST OR DESTROYED CERTIFICATE OF TITLE OR OTHER INSTRUMENT 81 Issue of fresh certificate 82 Issue of substitute certificate of title and certified copy of lost instrument COMPELLING DELIVERY OF CERTIFICATE 83 Power to demand delivery of duplicate certificate 84 Procedure in case of non-compliance with demand 85 Order for delivery or cancellation of instrument POWERS OF JUDGE 86 Powers 87 Power to make vesting order or to cancel or amend instrument, etc. POWERS OF REGISTRAR 88 Power respecting certain encumbrances PART IV Instruments that may be Registered TRANSFERS OF LAND 89 Form of transfer 90 Effect of transfer 91 Power to refuse transfer involving more than twenty parcels of land 92 Transfer of administration of Crown lands 93 Transfer by Crown not to include minerals 94 Transfer by minister, department, board or commission not to include minerals 95 Easements mentioned on the certificate 96 Intermediate aerodrome 97 Land description in notices of expropriation to be acceptable to registrar who may require plan 98 Discharge of easement 99 Delivery of duplicate certificate for cancellation 100 Issue of new certificate 101 Agreement between Government of Saskatchewan and Government of Canada respecting registration of certain instruments 102 Duty of registrar to refuse to register certain instruments PLANS 103 Power of registrar to require plans 104 Subdivisions 105 Consolidating plan 106 Right of way 107 Water storage and irrigation projects 108 Composite plan of survey of lands for oil well site, etc. 109 Plans filed under other Acts 110 Style of plans 111 Approval of plans 112 Rectification of errors 113 Cancellation of registered plans PLAN OF ROADS 114 Registration and certificate of title 115 Procedure where certificate of title not granted 116 Effect of notification to registrar that road closed 117 Old plans under The North-West Territories Act LEASES 118 Form and registration 119 Certificate of title for leasehold estate 120 Implied covenants 121 Implied power of lessor 122 Registrar s duty in case of re-entry 123 Short form of covenants 124 Form and registration of surrender of lease MORTGAGES 125 Forms 126 Mortgage to secure purchase price of chattels 127 Registration of charges prior to issue of grant 128 Duplicate certificate deposited with registered mortgage 129 Mortgage not to operate as transfer 130 Registration of judgment for alimony 131 Implied covenants against mortgagor 132 Covenants implied in mortgages REMEDIES OF MORTGAGES 133 Proceedings to foreclose, redeem, etc. 134 Power to lease mortgaged lands 135 Acceleration clause TRANSFERS AND DISCHARGES OF MORTGAGES AND RELEASES 136 Transfer in lieu of discharge 137 Registration of discharge or judge s certificate 138 Discharge of annuity 139 Judge s order in case of absent mortgagee 140 Notice to Minister of Finance where mortgagee deceased 141 Registration of order and notice to mortgagee 142 Transfer of mortgages and leases 143 Charge on a mortgage 144 Transfer of part of sum secured and notification to mortgagor 145 Effect of registration of transfer 146 Postponement of encumbrance or caveat

4 POWERS OF ATTORNEY 147 Forms 148 Registration 149 Revocation CAVEATS 150 Filing caveats 151 Exceptions 152 Certain contracts void 153 Power of registrar to file caveat 154 Form of caveat 155 Registrar s duty upon receipt of caveat 156 Power of caveator to file notice of change of address for service 157 Effect of caveat 158 Contestation of caveat 159 Duration of caveat 160 Application to judge respecting building restriction caveat 161 Withdrawal of caveat 162 Memorandum of withdrawal 163 Compensation for caveat wrongfully filed LIS PENDENS 164 Vacating lis pendens PART V Involuntary Transfer of Title TRANSMISSION 165 Transmission of land upon decease of owner 166 Procedure by person claiming title 167 Effect of memorandum 168 When title of executor, etc., takes effect 169 Issue of new certificate 170 Registration of discharge or transfer of mortgage by executor 171 Absolute title of executor or administrator 172 Restrictions as to registration of instruments executed by executor or administrator 173 Registration of transfer to or by executor or administrator 174 Transfer to railway company, etc., and certain easement agreements 175 Transmission in case of assignment for creditors 176 Power of assignor or bankrupt to deal with exempted lands 177 Transmission of interest under the Bankruptcy Act 178 Cancellation of entry of assignment 179 Cancellation of entry of assignment or receiving order EXECUTIONS 180 Registration and renewal of writs 181 Registration of certificate of satisfaction or withdrawal 182 Registration of certificate of satisfaction, etc. 183 Power of sheriff to furnish certificate of withdrawal 184 Sheriff s discharge of mortgage SHERIFF S SALE 185 Confirmation by judge essential 186 Transfer of mortgage to execution creditor 187 Time for registration limited 188 Confirmation of sale 189 Procedure under Tax Enforcement Act 190 Substitutional service MINERAL TAXATION ACT 191 Issue of title to Crown PART VI Court and Other Proceedings REFERENCE TO MASTER OF TITLES 192 By person dissatisfied with act of registrar 193 By registrar APPEALS AND REFERENCES TO JUDGE 194 Appeal to judge from acts of registrar 195 Reference by Master of Titles of questions to judge for decision EJECTMENT 196 Protection against ejectment exceptions ACTIONS FOR DAMAGES 197 Against registrar 198 Defendants 199 Judgment 200 Assignment to Minister of Finance 201 Notice of action 202 Satisfaction of judgment 203 Actions brought against registrar by name of office 204 Limitation of time of action 205 Payment of claims against assurance fund without action 206 Action against registrar barred in certain cases 207 Assurance fund not liable in certain cases 208 Action for damage by reason of error relating to mines and minerals 209 Limitation of action for breach of warranty of title to mines and minerals 210 Costs to nominal defendant EVIDENCE AND PROCEDURE 211 Allegation in action for breach of implied covenant 212 Use of owner s name by beneficiary 213 Certificate of title conclusive evidence of right to land: exceptions 214 Proceedings not to abate by death, etc. 215 Death after execution of instrument 216 True consideration to be sworn 217 Evidence of purchase for valuable consideration 218 Notice of reference to interested parties 219 Service of notice out of the jurisdiction and substitutionally 220 Proof of matters of inquiry by affidavit

5 221 Procedure under an inquiry 222 Security for costs by non-resident 223 Order as to costs 224 Attendance of registrars as witnesses 225 Production of documents in court 226 Enforcement of orders 227 Power to give effect to certain statutory proceedings 228 Reference by judge to court of appeal AFFIDAVITS 229 Evidence by affidavit or viva voce 230 Practice governing affidavits APPEAL 231 Appeal 232 Tariff of costs 257 Seal not necessary 258 Removal of restrictions 259 Certain references temporarily inapplicable 260 Meaning of the register, the general register and day book in certain cases FORMS AND REGULATIONS 261 Forms 262 Variation in forms 263 Regulations 264 Fees: general tariff FIRST SCHEDULE SECOND SCHEDULE PART VII Miscellaneous Provisions ASSURANCE FUND AND FEES 233 Assurance fund and fees 234 How value of land ascertained 235 Accounting for moneys received 236 Investment of assurance fund DEALINGS WITH REGISTERED OWNERS 237 Person dealing with registered owner protected JOINT OWNERSHIP 238 Transfer to joint owners 239 Judge s order for transfer 240 Restriction on severance of joint tenancy 241 Registration of surviving joint tenant as owner TENANTS IN COMMON 242 Owners hold as tenants in common NO ESTATES TAIL 243 No estate tail 244 Limitations transfer absolute ownership MARRIED WOMEN 245 Transfer to man and wife 246 Transfer to wife 247 Change of name by marriage INFANTS, IDIOTS AND LUNATICS 248 Powers of guardians of lunatics, etc. 249 Prohibition of transfer of land of such persons GENERAL 250 Jurisdiction of court in case of fraud 251 Defects of form not to invalidate proceedings 252 Owner or mortgagee to give address and receipt to registrar 253 Omission to send notice 254 Evidence of age 255 Extension of time 256 Notice to registration of claims for mechanics liens

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7 CHAPTER L-5 An Act respecting Land and the Title thereto SHORT TITLE Short title 1 This Act may be cited as The Land Titles Act. R.S.S. 1978, c.l-5, s.1. Interpretation 2 In this Act: INTERPRETATION certificate of title (a) certificate of title means the certificate (form A or form B) granted by the registrar and kept by him in the land titles office; court (b) court means Her Majesty s Court of Queen s Bench for Saskatchewan; duplicate certificate (c) duplicate or duplicate certificate means the duplicate of the certificate of title, delivered or issued to the person entitled thereto; encumbrance (d) encumbrance means a charge on land created or effected for any purpose, inclusive of mortgages, mechanics liens and executions against lands; endorsement (e) endorsement means anything written by the registrar upon an instrument or upon a paper attached thereto, and endorsed means so written; filing grant (f) filing means entering a record in the instrument register to the effect that an instrument, in which no land is specifically described, has been accepted; (g) grant means a grant of Crown land in fee whether direct from Her Majesty or pursuant to statute; infant or minor (h) infant or minor means a person under eighteen years of age; instrument (i) instrument means a grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate or exemplification thereof, letters of administration or an exemplification thereof, mortgage or any other document in writing relating to or affecting the transfer of or other dealing with land or evidencing title thereto; judge (j) judge means a judge of the Court of Queen s Bench, the master in chambers or local master in chambers;

8 8 c. L-5 LAND TITLES land lease lunatic (k) land or lands means lands, messuages, tenements and hereditaments, corporeal and incorporeal, of every nature and description, and every estate or interest therein, whether the estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges and easements appertaining thereto, and trees and timber thereon, and mines, minerals and quarries thereon or thereunder lying or being, unless any such are specially excepted; (l) lease includes sub-lease, and lessee has a corresponding meaning; (m) lunatic means a person found by a competent tribunal to be a lunatic; mortgage (n) mortgage means a charge on land created for securing payment of money, and includes a hypothecation of such charge and a charge created for securing payment of an annuity, rent charge or sum of money other than a debt or loan; mortgagee (o) mortgagee means the owner of a mortgage, and mortgagor means the owner or transferee of land or of an estate or interest in and mortgaged; owner (p) owner means a person or body corporate entitled to a freehold or other estate or interest in land, at law or in equity, in possession, in futurity or expectancy; possession (q) possession when spoken of persons claiming title to land includes the receipt of the rents and profits thereof; registrar (r) registrar means a registrar of land titles or a deputy registrar or the Master of Titles or deputy master when acting as registrar; registration (s) registration means: (i) bring lands under this Act; (ii) entering upon the certificate of title a memorandum authorized by this Act, of any document; serial number or number (t) serial number or number means the number or combination of figures and letters of the alphabet assigned to an instrument tendered for filing or registration at the time it is received by the registrar and entered in the instrument register; transfer (u) transfer means the instrument by which one person conveys to another an estate or interest in land under this Act and includes a grant from the Crown; transmission (v) transmission means the passing of the title to land in any manner other than by transfer from the registered owner. R.S.S. 1965, c.115, s.2; 1966, c.96, s.2; 1970, c.8, s.9; 1972, c.1, s.22; R.S.S. 1978, c.l-5, s.2.

9 LAND TITLES c. L-5 9 PART I Organization of System REGISTRATION DISTRICTS Eight districts 3 Subject to any order made under section 4 or section 6, for the purpose of this Act there shall be in Saskatchewan eight land registration districts with boundaries as set forth in the first schedule hereto. R.S.S. 1965, c.115, s.3; R.S.S. 1978, c.l-5, s.3. New districts 4 The Lieutenant Governor in Council may by proclamation, as the settlement of the country and the exigencies of the public service require, constitute any portion of Saskatchewan a land registration district and declare by what name the same shall be known and designated and may also change the names and boundaries of existing districts. R.S.S. 1965, c.115, s.4; R.S.S. 1978, c.l-5, s.4. Land title offices 5(1) In each registration district at such place as the Lieutenant Governor in Council determines there shall be an office called the Land Titles Office. (2) The Lieutenant Governor in Council may provide in each registration district at the public expense, and may thereafter maintain in a proper state of repair, the necessary building to serve as a land titles office. R.S.S. 1965, c.115, s.5; R.S.S. 1978, c.l-5, s.5. Power to close or alter districts 6 The lieutenant Governor in Council may close, in whole or in part, any registration district, or add to one district territory taken from another, and may direct that the books, records and instruments in the possession of the registrar of the closed district or affecting land in the part transferred shall be deposited with the registrar of the district to which the land to which they relate has been added, at such times and in such manner as may be deemed expedient. R.S.S. 1965, c.115, s.6; R.S.S. 1978, c.l-5, s.6. Effect of closing or altering districts 7 If, under section 6, a registration district has been closed, in whole or in part, and the area of that district or of the closed part thereof has been added to another registration district, hereinafter referred to as the original district, all instruments filed in the land titles office for the district that has been closed or partly closed and entered in the general record kept in respect of that district shall he deemed to have also been filed in the land titles office for the enlarged district on the day on which the closed district or the closed part of a district was added to the original district, and those instruments and the instruments filed in the land titles office for the original district shall from that day bind lands in the enlarged district in the same manner and to the same extent as if they had been respectively filed on that day in the land titles office for the enlarged district. R.S.S. 1965, c.115, s.7; R.S.S. 1978, c.l-5, s.7.

10 10 c. L-5 LAND TITLES Provisional registration in new districts 8 Until the actual establishment of an office in a new registration district, all registrations made in the offices of the district or districts from which the territory comprising the new district was set apart shall be and are hereby declared always to have been as valid as if made in the new district when fully established R.S.S. 1965, c.115, s.8; R.S.S. 1978, c.l-5, s.8. OFFICIALS Master of Titles 9 There may be appointed a Master of Titles who shall inspect the books and records of the several land titles offices, and perform such other duties as may be assigned to him by this Act or by the Attorney General; and the said master may be required to perform any duty that a registrar is by this Act empowered to perform. R.S.S. 1965, c.115, s.9; R.S.S. 1978, c.l-5, s.9. Deputy Master of Titles 10(1) There may also be appointed a Deputy Master of Titles to assist the Master of Titles under instructions from him. (2) The deputy may, in the event of the illness or absence from office of the Master of Titles, perform all the duties of the master. (3) In case of the death, resignation or removal from office of the Master of Titles, the deputy may perform all the duties of the Master until another Master of Titles is appointed. R.S.S. 1965, c.115, s.11; R.S.S. 1978, c.l-5, s.10. Qualification 11 No person shall be appointed Master or Deputy Master of Titles unless he is when appointed a barrister and solicitor of at least three years standing of the Province of Saskatchewan. R.S.S. 1965, c.115, s.10; R.S.S. 1978, c.l-5, s.11. Chief surveyor 12(1) There may be appointed a chief surveyor of land titles offices, with such assistants as the business of the offices may require. (2) No person shall be appointed chief surveyor unless he is a Saskatchewan land surveyor. (3) The chief surveyor shall perform such duties in connection with plans and surveys and descriptions of land as may be prescribed by this Act or the regulations, or as he may be required to perform by the Master of Titles. (4) Neither the chief surveyor nor anyone employed in the chief surveyor s department of the land titles offices shall practise his profession as a surveyor. R.S.S. 1965, c.115, s.12; R.S.S. 1978, c.l-5, s.12. Deputy chief surveyor 13(1) There may also be appointed a deputy chief surveyor to assist the chief surveyor under instructions from him.

11 11 LAND TITLES c. L-5 (2) The deputy may, in the event of the illness or absence from office of the chief surveyor, perform all the duties of the chief surveyor. (3) In case of the death, resignation or removal from office of the chief surveyor, the deputy may perform all the duties of the chief surveyor until another chief surveyor is appointed. R.S.S. 1965, c.115, s.13; R.S.S. 1978, c.l-5, s.13. Registrar 14(1) The business of each land titles office shall be conducted by an officer called the registrar, with such other employees as are necessary and as may be appointed. (2) No person shall be appointed a registrar unless he is a barrister and solicitor of the Province of Saskatchewan, or unless he is a graduate in law of a university or law school recognized by the University of Saskatchewan and has been employed as a deputy registrar in a land titles office in Saskatchewan for a period of at least one year or unless he has been employed as a deputy registrar in a land titles office in Saskatchewan for a period of at least three years, or unless he has been continuously employed in a land titles office in Saskatchewan for a period of at least fifteen years inclusive of war service if any. R.S.S. 1965, c.115, s.14; R.S.S. 1978, c.l-5, s.14. Deputy registrar 15(1) When occasion requires, one or more deputy registrars may be appointed to assist a registrar under instructions from him. (2) The deputy registrar may, in the event of the illness or absence from office of the registrar, perform all the duties of the registrar. (3) In case of the death, resignation or removal from office of the registrar, the deputy registrar shall do and perform all the duties of a registrar under this Act until another registrar is appointed. R.S.S. 1965, c.115, s.15; R.S.S. 1978, c.l-5, s.15. Qualification 16 No person shall be appointed a deputy registrar unless he is a barrister and solicitor of the Province of Saskatchewan, or unless he is a graduate in law of a university or law school recognized by the University of Saskatchewan or unless he has been employed for a period of at least three years in a land titles office in Saskatchewan. R.S.S. 1965, c.115, s.16; R.S.S. 1978, c.l-5, s.16. Officials attached to Attorney General s Department 17 The Master of Titles, Deputy Master of Titles, chief surveyor, deputy chief surveyor, registrars, deputy registrars and other necessary employees shall be attached to the Department of the Attorney General and be under his control, and their salaries and such incidental expenses of carrying out this Act as are sanctioned by this Act, or by the Lieutenant Governor in Council, shall be paid out of moneys appropriated by the Legislature for the purpose. R.S.S. 1965, c.115, s.17; R.S.S. 1978, c.l-5, s.17.

12 12 c. L-5 LAND TITLES Officials not to act in certain private capacities 18 Neither the Master of Titles, the Deputy Master of Titles, the chief surveyor, the deputy chief surveyor, any registrar or deputy registrar nor any official, clerk or other employee in the office of the chief surveyor or in a land titles office shall: (a) directly or indirectly act as the agent of any person investing money and taking securities on land within Saskatchewan; (b) advise for fee or reward or otherwise than in an official capacity upon titles to land; (c) practise as a barrister, solicitor or conveyancer; or (d) carry on or transact within the and titles office any business or occupation whatever other than his official duties therein. R.S.S. 1965, c.115, s.18; R.S.S. 1978, c.l-5, s.18. Officials not liable for bona fide act 19 No Master of Titles, Deputy Master of Titles, chief surveyor, deputy chief surveyor, registrar, deputy registrar or person acting under authority of a registrar, shall be liable to an action or proceeding for or in respect of any act bona fide done or omitted to be done in the exercise or supposed exercise of the powers given by this Act, or by any order or general rule made in pursuance thereof, except as hereinafter provided. R.S.S. 1965, c.115, s.19; R.S.S. 1978, c.l-5, s.19. Seals of office 20(1) The Master of Titles, chief surveyor and each registrar shall have a seal of office approved by the lieutenant Governor in Council. (2) The registrar shall seal all certificates of title. R.S.S. 1965, c.115, s.20; R.S.S. 1978, c.l-5, s.20. Administration of oaths 21 In matters respecting the title to land the Master of Titles, the Deputy Master of Titles or any registrar or deputy registrar within the district to which he is appointed may administer any oath or take any affirmation or declaration in lieu of an oath from anyone entitled by law to affirm or declare. R.S.S. 1965, c.115, s.21; R.S.S. 1978, c.l-5, s.21. Sealed copies and abstracts 22 Every registrar shall, when required, furnish under seal copies and abstracts of any instruments affecting lands that are filed or registered in his office, and every such copy or abstract shall be received as evidence in the same manner and with the same effect as if the original were produced. R.S.S. 1965, c.115, s.22; R.S.S. 1978, c.l-5, s.22. Office days and hours 23(1) Every land titles office shall be open to the public at ten o clock in the forenoon and kept open until four o clock in the afternoon on all days except: (a) Saturdays and Sundays;

13 13 LAND TITLES c. L-5 (b) New Year s Day, Good Friday, Victoria Day, Dominion Day, the day that is the first Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day; and (c) any day or any specified portion of a day that the office is closed pursuant to an order of the Lieutenant Governor in Council. (2) When any day mentioned in clause (6) of subsection (1) falls on a Saturday or Sunday the office shall be closed on the day that the staff of the office is authorized by order of the chairman of The Public Service Commission to observe as a holiday in respect of the day so mentioned. (3) When Boxing Day falls on a Sunday or Monday the office shall be closed on the day that the staff of the office is authorized by order of the chairman of The Public Service Commission to observe as a holiday in respect of Boxing Day. 1973, c.52, s.2; R.S.S. 1978, c.l-5, s.23. Extension of time expiring on certain days 24 Where in this Act the time limited for the doing of a thing expires or falls on a day on which the land titles offices are closed pursuant to section 23 the time so limited shall be extended to and the thing may be done on the day first following that is not a day on which the land titles offices are closed. 1973, c.52, s.4; R.S.S. 1978, c.l-5, s.24. Instrument register 25 The registrar shall keep a book to be called the instrument register in which he shall enter a record of every instrument received by him. R.S.S. 1965, c.115, s.27; R.S.S. 1978, c.l-5, s.25. Stamping, entry, examination and acceptance or rejection of instruments 26(1) The registrar shall stamp every instrument received by him for filing or registration showing the date on which it is received and the serial number and shall immediately enter a record of the instrument, date and number in the instrument register. (2) The instrument shall then be examined and, if found to be complete and in proper form and fit for filing or registration, shall be signed by the registrar and a record of the acceptance of the instrument shall be entered in the instrument register. If the instrument is found not to be complete and in proper form or appears to be unfit for filing or registration the registrar shall reject and return it and enter a record of the rejection in the instrument register. R.S.S. 1965, c.115, s.28; R.S.S. 1978, c.l-5, s.26. Serial number and date of receipt determine priority 27 For purposes of priority between mortgagees, transferees and others the serial number assigned to the instrument at the time of its receipt by the registrar and the date of such receipt shall determine the priority of instruments filed or registered. Serial numbers of rejected instruments shall be deemed to have been cancelled and to confer no priority. R.S.S. 1965, c.115, s.29; R.S.S. 1978, c.l-5, s.27.

14 14 c. L-5 LAND TITLES Serial numbers and dates of receipt taken from the instrument register 28 The registrar, in endorsing memoranda of instruments upon a certificate of title and in entering memoranda upon the duplicate, shall take the serial numbers and dates of receipt of the instruments from the instrument register. R.S.S. 1965, c.115, s.30; R.S.S. 1978, c.l-5, s.28. Retention by registrar of certificates of title and other instruments, etc. 29(1) The registrar shall keep each certificate of title and shall record thereon the particulars of all instruments, dealings and other matters by this Act required to be registered or entered on the certificate of title and affecting the land including therein. (2) Subject to subsections (3), (4), (5) and (6), the registrar shall retain in his office every instrument filed or registered. (3) An instrument other than a certificate of title or a grant may be microphotographed and destroyed by order of the Attorney General after the expiration of a period of ten years after its filing or registration or six years after its discharge, withdrawal or cancellation, whichever is the shorter period. (4) The registrar may, without microphotographing, destroy any instrument other than a certificate of title, together with all evidence, correspondence, reports and other material relating to the instrument, after the expiration of twelve years from the filing or registration of a document evidencing or ordering the withdrawal, discharge, cancellation or lapse of the instrument or from the cancellation or lapse thereof pursuant to this or any other Act, and may at the same time or at any subsequent time also destroy such document. (5) The registrar may, without microphotographing, destroy any instrument, other than a final order for the issue of title, filed or registered under The Arrears of Taxes Act, chapter 146 of The Revised Statutes of Saskatchewan, 1940, The Tax Arrears Consolidation Act, chapter 147 of The Revised Statutes of Saskatchewan, 1940, or The Tax Consolidation and Adjustment Act, chapter 148 of The Revised Statutes of Saskatchewan, 1940, or any of the prior Acts dealing with the same subject matters, or any other Act affecting an application for title under any of the said Acts, together with all books, records, statements and correspondence kept by him and relating to the instrument. (6) Where, under section 99 or any other section of this Act, a certificate of title has been wholly cancelled the registrar shall, upon the expiration of three years after the cancellation, destroy the duplicate certificate. R.S.S. 1965, c.115, s.31; 1971, c.50, s.4; R.S.S. 1978, c.l-5, s.29. Certificate respecting lost, mislaid or destroyed instrument 30 Where the registrar is required to produce an instrument and is unable to do so by reason of its having been lost, mislaid or destroyed and not having been microphotographed, he shall furnish to the court or person requiring production of the instrument his certificate under seal stating that the instrument has been lost, mislaid or destroyed, as the case may be, and has not been microphotographed, and thereupon a memorandum, entry or record produced by him shall to the extent that it purports to show the nature and contents of the instrument that has been lost, mislaid or destroyed be received as evidence of the nature and contents thereof. R.S.S. 1965, c.115, s.32; R.S.S. 1978, c.l-5, s.30.

15 15 LAND TITLES c. L-5 General record 31 The registrar shall keep a record to be called the general record in which he shall enter in alphabetical order, under the name of the grantor, every instrument relating to lands and accepted as complete and in proper form and fit for filing, in which the land affected thereby is not specifically described, with the date of execution thereof, the names of the parties thereto, the date of the filing thereof and its serial number. R.S.S. 1965, c.115, s.33; R.S.S. 1978, c.l-5, s.31. Removal of certificates of title from register 32(1) The registrar may remove any or all certificates of title from the register in which they were heretofore required to be entered and upon removal each certificate of title shall be kept in such manner as may be determined by the Master of Titles. (2) Except where produced or transmitted pursuant to an order made under section 225, no certificate of title shall have any force or effect as evidence of title or otherwise outside a land titles office. R.S.S. 1965, c.115, s.34; R.S.S. 1978, c.l-5, s.32. Microphotographs of certificates of title and other instruments 33(1) The registrar shall microphotograph: (a) every certificate of title when it is removed from the register; (b) every new certificate of title when it is issued; (c) every certificate of title mentioned in clause (a) or (b) immediately after a memorandum or memoranda is or are endorsed thereon; (d) every instrument accepted for filing or registration, after it has been signed by the registrar other than an instrument registered pursuant to the direction of the Master of Titles under section 61 or a plan of a survey of land. (2) The microphotographic films may be kept at such place or places as may be designated by the Attorney General. R.S.S. 1965, c.115, s.35; R.S.S. 1978, c.l-5, s.33. Office supplies 34 The Attorney General shall provide all books, forms and other office requisites necessary for use under this Act. R.S.S. 1965, c.115, s. 36; R.S.S. 1978, c.l-5, s.34.

16 16 c. L-5 LAND TITLES PART II Registration and Its Effect APPLICATIONS TO BRING UNDER THE ACT Application for registration 35(1) the owner of an estate or interest, whether legal or equitable, in any land letters patent for which issued from the Crown before the first day of January, 1887, or that had otherwise prior to that date passed from the Crown, may by himself or his duly authorized agent or attorney apply to have his estate or interest, or the whole title to the land, registered under this Act. (2) The registrar may, in his discretion, refuse to entertain the application unless all persons interested in the land, other than the applicant, are consenting parties thereto. (3) If, at the time of the grant of the certificate of title, there are no filed or registered instruments affecting the land, the certificate may be granted upon the payment of such fees as are fixed in that behalf by tariff made by the Lieutenant Governor in Council, but no fees shall be payable therefor under the provisions of this Act relating to the assurance fund. R.S.S. 1965, c.115, s.37; R.S.S. 1978, c.l-5, s.35. Form of and documents accompanying application 36(1) The application shall be made in writing to the registrar of the registration district in which the land is situated (form C), and shall be verified by affidavit of the applicant or some one on his behalf (form D). (2) The application shall be accompanied by: (a) all deeds, if any, in possession of the applicant; (b) a certificate showing all instruments affecting the title in the land titles office down to the time when the application is filed, with copies of any documents in the said office the originals whereof the applicant is unable to produce. (3) It shall not be necessary for an applicant to produce copies of a document the original whereof is, at the time of the application, of record in the office of the registrar to whom the application is made. (4) Where the title to land embraced in an application passed to the Hudson s Bay Company before the first day of January, 1887, either by notification under the Dominion Lands Act or by letters patent issued thereunder, and where the application is accompanied by an affidavit of an officer of the company approved by the Attorney General (form E), it need not be accompanied by the notification or letters patent. R.S.S. 1965, c.115, s.38; R.S.S. 1978, c.l-5, s.36. Grant of certificate 37 Upon the filing of the application: (a) if the applicant is the original grantee from the Crown, and no instrument affecting the title to the land is of record in the land titles office; or

17 17 LAND TITLES c. L-5 (b) if the applicant is not the original grantee but all the original titles deeds are produced and no persons other than the applicant is in actual possession of the land and no caveat has been filed; the registrar, upon being satisfied as to the title of the applicant, shall grant a certificate of title as hereinafter provided. R.S.S. 1965, c.115, s.39; R.S.S. 1978, c.l-5, s.37. Discharge of mortgage 38 If there is any mortgage against the land at the date of the application, the filing with the registrar of the original mortgage or a copy thereof, having endorsed thereon or attached thereto a discharge signed by the mortgagee, accompanied by the affidavit of an attesting witness, shall operate as a discharge of the security created by the mortgage. R.S.S. 1965, c.115, s.40; R.S.S. 1978, c.l-5, s.38. Issue of title subject to interest of third party 39 If any person other than the applicant appears, by admission or otherwise, to be interested in the land, and the applicant desires to have his title registered subject to the interest of the other person, and the interest arises by virtue of a mortgage, lease or charge created by any other instrument, and the instrument is at the time of the application of record in the office of the registrar to whom application is made or is then produced to him, the registrar may, if satisfied as to the extent and nature of the interest or title of the applicant, register the title and grant a certificate of title and issue a duplicate certificate subject to the interest. R.S.S. 1965, c.115, s.41; R.S.S. 1978, c.l-5, s.39. Where interested party consents 40 Where the person who so appears to be interested is a consenting party to the application, and his consent is in writing signed by him in the presence of a witness, and attested in the manner required by this Act for the attestation of instruments not under seal, the registrar may, if satisfied as to the title of the applicant, grant a certificate of title subject to the terms of the consent. R.S.S. 1965, c.115, s.42; R.S.S. 1978, c.l-5, s.40. Other cases referred to Master 41 In all cases other than those provided for in sections 37, 38, 39 and 40, the registrar shall forthwith, on giving the applicant a certificate of the filing of his application, transmit the application with all evidence supplied to the Master of Titles to be dealt with as hereinafter mentioned. R.S.S. 1965, c.115, s.43; R.S.S. 1978, c.l-5, s.41. Master to examine documents and hear parties 42 The Master of Titles shall examine without delay all titles so submitted, and for that purpose shall when necessary hear all persons interested or claiming to be interested, and shall hear and consider the claims as against the applicant of any person who is in possession of the land; and he shall have and exercise all the powers of a judge for compelling the attendance of witnesses and the production of documents. R.S.S. 1965, c.115, s.44; R.S.S. 1978, c.l-5, s.42.

18 18 c. L-5 LAND TITLES Adverse claims: notice in case of 43(1) If the Master of Titles finds that some person other than the applicant has, or appears to have, some right or claim to or against the land in question, he may of his own motion issue a notice, and cause the person to be served with a copy thereof, to the effect that a certificate of title will issue pursuant to the application unless the person appearing to have the right or claim files and serves, within the time limited by the notice, an adverse claim in accordance with section 44. (2) The Master of Titles shall by the notice allow a reasonable time for such filing and service, and he may extend the same from time to time as he may deem expedient. R.S.S. 1965, c.115, s.45; R.S.S. 1978, c.l-5, s.43. Filing of 44 Any person having an adverse claim or a claim not recognized in the application for registration may, at any time before the Master of Titles has approved the applicant s title, file with the Master of Titles a short statement of his claim verified by affidavit and in that case he shall serve a copy thereof on the applicant, his solicitor or agent. R.S.S. 1965, c.115, s.46; R.S.S. 1978, c.l-5, s.44. Examination of 45 If an adverse claim is filed, the Master of Titles shall examine into and adjudicate thereon, and no certificate of title shall be granted until the claim has been disposed of. R.S.S. 1965, c.115, s.47; R.S.S. 1978, c.l-5, s.45. Publication of notice 46 The Master of Titles may in any case direct that notice of the application be published in some newspaper or newspapers in such form and for such period as he thinks expedient, and no order for registration shall be granted by him until after the expiration of at least four weeks from the first publication of the notice, if he has directed the same to be published. R.S.S. 1965, c.115, s.48; R.S.S. 1978, c.l-5, s.46. Order for registration of title 47 The Master of Titles, if satisfied with the applicant s title, shall make an order directing the registrar, after the expiration of four weeks from the date thereof unless in the meantime the order is appealed from, to register the same. R.S.S. 1965, c.115, s.49; R.S.S. 1978, c.l-5, s.47. Delivery of duplicate to owner 48 After the registration of a title, the registrar shall make out, sign, officially seal and deliver to the owner or his duly authorized agent a duplicate of the certificate of title, on which shall be entered all memoranda endorsed on the certificate of title. R.S.S. 1965, c.115, s.50; R.S.S. 1978, c.l-5, s.48. Withdrawal of application 49(1) An applicant may, upon such terms as to the registrar or Master of Titles seem proper, withdraw his application as to the whole or any part of the land comprised therein, at any time prior to the issue of the certificate of title.

19 19 LAND TITLES c. L-5 (2) In case of such withdrawal, if a caveator has been put to expense without sufficient cause by reason of the application, the caveator shall receive such compensation as the Master of Titles may allow. R.S.S. 1965, c.115, s.51; R.S.S. 1978, c.l-5, s.49. REGISTRATION Crown grants retained by registrar 50(1) When land in Saskatchewan is granted by the Crown, the grant, when received by the registrar of the registration district in which the land so granted is situated, shall be retained by him, and a certificate of title shall be granted. (2) Upon payment of such fees and charges as may be prescribed by the Lieutenant Governor in Council, the registrar shall issue to the grantee a duplicate certificate of title on which shall be entered all memoranda endorsed on the certificate of title, with any necessary qualifications. (3) The fees and charges payable upon the issue of a duplicate certificate of title to a person who has obtained a patent under a homestead entry in accordance with the Dominion Lands Act shall be such as are fixed by the Lieutenant Governor in Council. R.S.S. 1965, c.115, s.52; R.S.S. 1978, c.l-5, s.50. Cancellation of instruments affecting provincial lands 51(1) When: (a) there are instruments filed in a land titles office that encumber or affect any provincial lands within the meaning of The Provincial Lands Act: and (b) the registrar of land titles for the registration district in which the land is situated receives a written notice purporting to be signed by the Minister of Agriculture or the Minister of Natural Resources or any officer specially designated by either of them for the purpose, notifying the registrar that all of such instruments or those of such instruments that are designated in the notice improperly encumber or affect the land; the registrar shall file the notice without fee and shall cancel all of such instruments or those of such instruments that are designated in the notice, except instruments creating a charge or lien in favour of the Crown in right of the Dominion or of the province. (2) The registrar may reinstate any instrument cancelled pursuant to subsection (1) upon receiving a request to do so purporting to be signed by one of the officials mentioned in subsection (1) and upon reinstatement of any such instrument it shall be of the same force and effect as if it had not been cancelled. R.S.S. 1965, c.115, s.53; R.S.S. 1978, c.l-5, s.51. Cancellation of instruments affecting title of province 52(1) When: (a) there are instruments filed in the kind titles office that encumber or affect the title or interest of any person who has entered into an agreement for the purchase of land from Her Majesty in right of Saskatchewan; and

20 20 c. L-5 LAND TITLES (b) the registrar of land titles for the registration district in which the land is situated receives a written notice purporting to be signed by the deputy minister of any department of the Government of Saskatchewan, notifying him of the facts and stating that, the agreement of sale having been cancelled, such person has no interest in the land; the registrar shall file the notice without fee and shall cancel all instruments encumbering or affecting the interest of such person in the land. (2) When, subsequently to the receipt of a notice of cancellation, the registrar receives a notice, purporting to be signed by such deputy minister, that the cancellation has been annulled, the registrar shall file the said notice without fee and restore the instruments that had been cancelled under subsection (1), and such instruments shall thereupon be of the same force and effect as if no cancellation had taken place. R.S.S. 1965, c.115, s.54; R.S.S. 1978, c.l-5, s.52. Hudson s Bay Company lands 53 A notification to the Hudson s Bay Company by the Minister of Nautral Resources of the survey and confirmation of the survey of any township, or part of a township, shall be accepted by a registrar as equivalent to, and be dealt with by him in all respects in the same manner as if the said notification were, a transfer to and in favour of the said company granting to it the sections or portions of sections to which it is entitled in such townships or parts of townships under the Agreement between the Government of the Dominion of Canada and the Government of the Province of Saskatchewan, dated the twentieth day of March, 1930, and ratified by chapter 87 of the Statutes of Saskatchewan, R.S.S. 1965, c.115, s.55; R.S.S. 1978, c.l-5, s.53. Railway Company lands 54 A notification to the registrar from the Minister of Natural Resources that land described therein has been granted to the Canadian Pacific Railway Company, or to any railway company entitled to provincial lands under the authority of an Act of Parliament or of the Legislature of Saskatchewan, shall be accepted by the registrar and dealt with by him in all respects as if the same were a transfer in favour of such company. R.S.S. 1965, c.115, s.56; R.S.S. 1978, c.l-5, s.54. When registration deemed effected 55(1) Every grant shall be deemed to be registered under this Act when it has been marked by the registrar with the serial number assigned to it, signed by the registrar and accepted for registration. (2) Every other instrument shall be deemed to be registered when a memorandum of it has been entered upon the existing certificate of title. R.S.S. 1965, c.115, s.57; R.S.S. 1978, c.l-5, s.55.

21 21 LAND TITLES c. L-5 Duplicate certificate of title produced 56 Unless required to do so by order of the court or a judge or the Master of Titles, and except as provided in section 57, the registrar shall not accept an instrument for filing or registration until the duplication certificate of title for the lands affected is produced to him, so as to enable him to enter the proper memorandum on such duplicate. R.S.S. 1965, c.115, s.58; R.S.S. 1978, c.l-5, s.56. Duplicate certificate of title not produced 57 A duplicate certificate of title for the lands affected need not be produced in the case of: (a) executions against lands, caveats, mechanics liens, assignments for the general benefit of creditors, transfers by a sheriff or by order of a court or a judge; (b) tax liens under The Tax Enforcement Act, applications by municipalities for title under the last mentioned Act, proceedings to obtain title under section 40 of The Mineral Taxation Act, tax liens under The Local Improvement Districts Act or The Northern Administration Act applications by Her Majesty for title under either of those Acts, maps or plans that do not require to be registered, or certificates or orders of a court or a judge or the Master of Titles, or certificates of lis pendens under the seal of the court and the hand of the local clerk or the registrar or local registrar thereof; (c) a mortgage created by any person rightfully in possession of land prior to the issue of the grant from the Crown or prior to the issue of transfer from the Hudson s Bay Company or from any company entitled to a grant of such lands from the Crown, or to which letters patent from the Crown for such mortgaged lands have already issued but for which no certificate of title has been issued, if there is produced to and left with the registrar with the mortgage an affidavit made by the mortgagor (form F); and also in the case of lands mortgaged prior to the issue of transfer from the Hudson s Bay Company or other company as aforesaid, a certificate from the land commissioner or other proper officer of such company that the purchase price of such mortgaged lands has been paid and that the applicant is entitled to a transfer thereof in fee simple from such company; (d) a certificate of cancellation of a disposition of provincial lands under section 79 of The Provincial Lands Act; (e) a certificate filed under section 39 of The Water Rights Act; (f) a plan under section 114; (g) a plan registered pursuant to The Planning and Development Act; (h) an easement under The Public Utilities Easements Act or an assignment, mortgage, charge or discharge of an easement registered pursuant to that Act. R.S.S. 1965, c.115, s.59; R.S.S. 1978, c.l-5, s.57. Cancellation of certificate and duplicate upon transfer 58(1) Upon every transfer of ownership, the certificate of title of the transferor and the duplicate thereof shall be cancelled in respect of the land transferred and a new certificate of title shall be granted to the transferee.