Landowner respecting judicial investigation of title
1(1)A person claiming to be the owner of any land is entitled to have his title thereto judicially investigated and the validity thereof ascertained and declared, whether he has the legal estate or not, and whether his title is or is not subject to a charge or encumbrance.
Minister respecting judicial investigation of title
1(2)The Attorney General may apply for an investigation, ascertainment and declaration of the title of the Crown to any land, and the application may be made by information, but in other respects the practice and procedure shall be the same as in other applications.
Application of person claiming estate or interest in land
1(3)Any other person who claims an estate or interest in land may apply for an investigation, ascertainment and declaration, but it is in the discretion of the judge before whom the proceedings are taken to grant or refuse the application, and such discretion may be exercised at any stage of the proceedings, and the decision of the judge in exercising the discretion is subject to appeal.
Application to Court of Queen’s Bench
1(4)Every application shall be made to The Court of Queen’s Bench of New Brunswick or a judge thereof and subject to the provisions of subsection (2) shall be by Notice of Application which shall be filed in the Court.
Particulars to be filed with application
1(5)The application shall be supported by the following particulars which shall be filed with the Notice of Application:
(a)
the title deeds and other documentary evidence of title, if any, in the possession or under the control of the applicant;
(b)
an abstract of title, together with a concise statement of the facts relied on by the applicant to make out the title and which do not appear by such abstract, certified by a solicitor of The Court of Queen’s Bench of New Brunswick;
(b.1)
a plan and a description of the land prepared by, and verified by the affidavit of, a land surveyor registered under the
New Brunswick Land Surveyors Act, 1986 who has personally inspected the land, unless the judge dispenses with them for special reason;
(c)
an affidavit in accordance with section 2 by the applicant or other person or persons, unless the judge for special reason dispenses therewith;
(d)
a schedule of the particulars produced under this subsection.
1(5.1)A plan referred to in paragraph (5)(b.1) shall be prepared in accordance with the requirements of the coordinate survey system established under the
Surveys Act and shall show the location of any easement or encroachment on the land.
Requirements for affidavit of land surveyor
1(5.2)The affidavit of the land surveyor referred to in paragraph (5)(b.1) shall state
(a)
the manner in which the described land is indicated on the plan,
(b)
the connection between the plan and the title deeds and other documentary evidence of title, if any, on which the applicant relies,
(c)
the name of any person in actual occupation of the whole or any part of the land indicated on the plan, and
(d)
any facts observed by the land surveyor that might be evidence of continued possession and that might be of assistance to The Court of Queen’s Bench of New Brunswick in considering the application.
Order to file registered instrument or memorial
1(6)On the hearing of the application the judge may order that a certified copy of any registered instrument or registered memorial affecting the title shall be filed by the claimant within such time as the judge may direct.
R.S., c.190, s.1; 1967, c.38, s.2; 1979, c.41, s.105; 1980, c.32, s.31; 1981, c.6, s.1; 1983, c.74, s.1; 2000, c.11, s.1