Acts and Regulations

83-131 - Deeds and Transfers

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Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 83-131
under the
Standard Forms of Conveyances Act
(O.C. 83-751)
Filed September 15, 1983
Under section 2 of the Standard Forms of Conveyances Act, the Lieutenant-Governor in Council makes the following Regulation:
83-214
1This Regulation may be cited as the Deeds and Transfers Regulation - Standard Forms of Conveyances Act.
1.1(1)This Regulation does not apply to conveyances of land by easement, right-of-way, licence, option, right of first refusal, agreement for the sale or purchase of land, boundary line agreement, party wall agreement, expropriation, Crown grant, lease, renewal of lease, surrender of lease, mortgage, collateral mortgage, postponement of mortgage, debenture, postponement of debenture, trust deed or other instrument to secure bonds or debenture stock of a corporation, discharge of mortgage, discharge of debenture, partial discharge of mortgage, partial discharge of debenture, assignment of mortgage, assignment of debenture, notice of crystallization, assignment of lease, agreement amending a registered instrument, Order in Council, Act of the Parliament of Canada or Act of a Provincial Legislature.
1.1(2)Notwithstanding subsection (1), a deed made pursuant to this Regulation may reserve an interest in the parcel or convey an interest appurtenant to the parcel.
84-138; 87-68
2(1)Subject to subsections (1.1), (1.2) and (1.3), every deed by which an estate in land is conveyed shall be in Form A13 set out in Schedule A and the heading is part of the form.
2(1.1)Every quit claim deed shall be in Form A13.1 set out in Schedule A and the heading is part of the form.
2(1.2)Every sheriff’s deed executed under section 65 of the Enforcement of Money Judgments Act shall be in Form A13.2 set out in Schedule A and the heading is part of the form.
2(1.3)Every tax deed under section 14 of the Real Property Tax Act shall be in Form A13.3 set out in Schedule A and the heading is part of the form.
2(2)Every transfer shall be in Form 13 set out in Schedule A and the heading is part of the form.
2(2.1)Directions printed in italics are not part of a form.
2(3)Words and directions which are underscored are not part of a form and are inserted for guidance.
2(4)Parts of a form that are enclosed in parentheses are optional.
2(5)The forms set out in Schedule A may be modified as required to provide for execution by more than one person.
2(6)Information required to be included in a form set out in Schedule A may be attached as a schedule thereto.
2(7)In a deed which is made subject to restrictions, either of the following paragraphs may be added to Form A13 to include the restrictions by reference:
To the intent that the burden of this covenant run with the parcel described in Schedule “A”, the grantor and the grantee respectively covenant and agree with each other and, as to the grantee, with the owner or owners of any other parcel to which is attached the benefit of the restrictions set out in Schedule “E” attached hereto, that the grantee and his successors in title will comply with the restrictions set out in Schedule “E” and will exact covenants, the same as those contained herein, from the grantee in any deed which the grantee may make of the parcel or any part thereof.
To the intent that the burden of this covenant run with the parcel described in Schedule “A” to the benefit of the parcel described in Schedule “F”, the grantee covenants and agrees with the grantor that the grantee and his successors in title will comply with the restrictions set out in Schedule “E” and will exact covenants, the same as those contained herein, from the grantee in any deed which the grantee may make of the parcel or any part thereof.
2(8)In a transfer which is made subject to restrictions, either of the following paragraphs may be added to Form 13 to include the restrictions by reference:
To the intent that the burden of this covenant run with the parcel being transferred, the transferor and the transferee respectively covenant and agree with each other and, as to the transferee, with the owner or owners of any other parcel to which is attached the benefit of the restrictions set out in Schedule “E” attached hereto, that the transferee and the successors in title of the transferee will comply with the restrictions set out in Schedule “E” and will exact covenants, the same as those contained herein, from the transferee in any transfer which the transferee may make of the parcel or any part thereof.
To the intent that the burden of this covenant run with the parcel being transferred to the benefit of the parcel described in Schedule “F”, the transferee covenants and agrees with the transferor that the transferee and the successors in title of the transferee will comply with the restrictions set out in Schedule “E” and will exact covenants, the same as those contained herein, from the transferee in any transfer which the transferee may make of the parcel or any part thereof.
2(8.1)For the purposes of subsection (8), the parcel described in Schedule “F” shall be described
(a) by its approved parcel identifier, if the parcel is registered land under the Land Titles Act, and
(b) by its description, if the parcel is not registered land under the Land Titles Act.
2(9)When used in a deed or transfer, words that are set out in Column One of Schedule B and distinguished by a letter therein have the same effect as if the words set out in Column Two of Schedule B and distinguished by the same letter were used in the deed or transfer.
2(10)When words which are other parts of speech or tenses of words set out in Column One of Schedule B and distinguished by a letter therein are used in a deed or transfer, those words which are other parts of speech or tenses
(a) have meanings corresponding to the meanings of the words set out in Column One of Schedule B, and
(b) have the same effect as if the corresponding parts of speech or tenses of the words set out in Column Two of Schedule B and distinguished by the same letter were used in that deed or transfer.
2(11)Subsection (10) shall be deemed to have come into force on July 9, 1984.
84-138; 87-68; 2000-43; 2019-39
3(1)Every deed in Form A13 operates as an absolute conveyance of all the right, title and interest that the grantor has in the land, unless a contrary intention is expressed in the deed.
3(2)Every quit claim deed in Form A13.1 operates as a conveyance of all the right, title and interest that the grantor has in the land.
84-138
4A deed or transfer may contain any covenant or condition, whether or not the covenant or condition is otherwise provided for in this Regulation.
5In any deed or transfer made pursuant to this Regulation, where the context so requires, words importing the singular include the plural and words importing the plural include the singular, and words importing the masculine include the feminine and neuter genders and words importing the feminine include the masculine and neuter genders and words importing the neuter gender include the masculine and feminine genders.
84-138
5.1In any deed made pursuant to this Regulation, unless a contrary intention is expressed,
(a) the term “grantee” includes the heirs, successors and assigns of the grantee,
(b) all covenants, conditions, liabilities and obligations entered into or imposed upon the grantor shall be construed to be jointly and severally binding upon each of them and upon their heirs, executors, administrators, successors and assigns, and
(c) all covenants, conditions, liabilities and obligations entered into or imposed upon the grantee shall be construed to be jointly and severally binding upon each of them and upon their heirs, executors, administrators, successors and assigns.
84-138
6(1)Subject to this section, unless it is prepared in book form for deposit, a deed or transfer shall be printed or typewritten on good quality white paper, 8.5 inches by 11 inches (22.6 cm by 27.94 cm) or 8.5 inches by 14 inches (22.6 cm by 35.6 cm), with a margin of not less than 1 inch (2.5 cm) on the top and left side of the page and, if printed on the reverse thereof, a margin of not less than one inch (2.5 cm) on the top and right side of the page, and shall be of sufficient clarity to permit photocopying or other reproduction.
6(2)Subsection (1) applies to all attachments to instruments referred to therein other than plans, instruments issued by a court, instruments and documents requiring registration under the Bankruptcy Act (Canada), instruments and documents prepared in book form for deposit and such other attached instruments and documents as, in the opinion of the registrar, are suitable for acceptance in a form other than that prescribed in subsection (1).
6(3)If an instrument is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the digitally scanned image shall be of sufficient clarity to be readable when reproduced.
6(4)If an instrument with a crimped or raised seal affixed to it is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the seal must be darkened or otherwise sufficiently enhanced so that the seal may be identified.
6(5)A registrar may refuse to file or register an instrument,
(a) with respect to a digitally scanned image of an instrument referred to in subsection (3), if the instrument is not of sufficient clarity to be readable by the registrar when reproduced, or
(b) with respect to a digitally scanned image of an instrument referred to in subsection (4), if the seal cannot be identified by the registrar.
84-138; 2018-45
7This Regulation comes into force on July 9, 1984.
83-214; 84-138
Form A13
Form A13.1
Form A13.2
Form A13.3
Form 13
TRANSFER
Land Titles Act, S.N.B. 1981, c. L-1.1, s. 21
Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12.2, s. 2
THIS FORM IS PRESCRIBED UNDER THE
GENERAL REGULATION - LAND TITLES ACT.
84-138
SCHEDULE B
Column One
Column Two
a.
conveys
a. (i)
for and in consideration of the sum of one dollar of lawful money of Canada, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, release, convey and confirm, to have and to hold,  
OR  
    (ii)
 transfers (where the land is registered under the Land Titles Act)    
b.
parcel  
b.
all that lot, piece or parcel of land and premises  
c.
quits claim  
c.
for and in consideration of the sum of one dollar of lawful money of Canada, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, remised, released and forever quitted claim, and by these presents does grant, remise, release and forever quit claim, to have and to hold,  
d.
The grantor guarantees title.  
d.
The grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that he is lawfully seised of the before granted and bargained premises and has good right to bargain and sell the same in manner and form as before written, and that he shall warrant and forever defend the same unto the grantee, his heirs, successors and assigns, against the lawful claims and demands of all persons whomsoever.
84-138
SCHEDULE C
Repealed: 84-138
84-138
N.B. This Regulation is consolidated to June 16, 2023.