Acts and Regulations

83-130 - General

Section 3
Disposition versions

Full text
3(1)The Act applies to the registration of the title to every parcel of land in the Province, including land owned by the Crown, unless the parcel of land is excepted from the operation of the Act under subsection (2).
3(2)Every parcel of land in the Province, including land owned by the Crown, is excepted from the operation of the Act before July 9, 1984.
3(2.1)Repealed: 2001-13
3(3)The owner of any parcel of land which is not excepted from the operation of the Act may apply at any time on or after the coming into force of this section, to have the title to the land registered under the Act.
3(4)An instrument or document may be recorded under the Registry Act on or after the coming into force of this section, although the land to which the instrument or document relates is not excepted from the operation of the Act, if
(a) the land is not registered land, and
(b) the instrument or document does not have the effect of transferring title to the land or mortgaging the land.
3(5)An instrument or document transferring title to any parcel of unregistered land which is not excepted from the operation of the Act may be recorded under the Registry Act on or after the coming into force of this section, if
(a) the transfer is by way of gift or without consideration,
(a.1) Repealed: 2000-38
(a.2) the transfer is of title to a condominium unit,
(b) the transfer results from the death of the owner, or
(c) the transfer is made pursuant to a trust, whether from the trustee to the beneficiary or from one trustee to another.
3(6)An instrument or document that has the effect of mortgaging any parcel of unregistered land that is not excepted from the operation of the Act may be recorded under the Registry Act if the instrument or document has the effect of mortgaging a condominium unit.
3(7)For the purposes of subsections (4) and (6), a mortgage, debenture or deed of trust and mortgage and an amendment of a mortgage, debenture or deed of trust and mortgage have the effect of mortgaging land, but an assignment, postponement or assumption of a mortgage, debenture or deed of trust and mortgage do not have the effect of mortgaging land.
83-213; 84-136; 2000-38; 2000-50; 2001-13
3(1)The Act applies to the registration of the title to every parcel of land in the Province, including land owned by the Crown, unless the parcel of land is excepted from the operation of the Act under subsection (2).
3(2)Every parcel of land in the Province, including land owned by the Crown, is excepted from the operation of the Act before July 9, 1984.
3(2.1)Repealed: 2001-13
3(3)The owner of any parcel of land which is not excepted from the operation of the Act may apply at any time on or after the coming into force of this section, to have the title to the land registered under the Act.
3(4)An instrument or document may be recorded under the Registry Act on or after the coming into force of this section, although the land to which the instrument or document relates is not excepted from the operation of the Act, if
(a) the land is not registered land, and
(b) the instrument or document does not have the effect of transferring title to the land or mortgaging the land.
3(5)An instrument or document transferring title to any parcel of unregistered land which is not excepted from the operation of the Act may be recorded under the Registry Act on or after the coming into force of this section, if
(a) the transfer is by way of gift or without consideration,
(a.1) Repealed: 2000-38
(a.2) the transfer is of title to a condominium unit,
(b) the transfer results from the death of the owner, or
(c) the transfer is made pursuant to a trust, whether from the trustee to the beneficiary or from one trustee to another.
3(6)An instrument or document that has the effect of mortgaging any parcel of unregistered land that is not excepted from the operation of the Act may be recorded under the Registry Act if the instrument or document has the effect of mortgaging a condominium unit.
3(7)For the purposes of subsections (4) and (6), a mortgage, debenture or deed of trust and mortgage and an amendment of a mortgage, debenture or deed of trust and mortgage have the effect of mortgaging land, but an assignment, postponement or assumption of a mortgage, debenture or deed of trust and mortgage do not have the effect of mortgaging land.
83-213; 84-136; 2000-38; 2000-50; 2001-13