Acts and Regulations

2000-40 - PID Databank

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2000-40
under the
Land Titles Act
(O.C. 2000-414)
Filed August 25, 2000
Under section 83 of the Land Titles Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the PID Databank Regulation - Land Titles Act.
Options for parcel description
2(1)A parcel of land shall be described in textual format
(a) as uniquely identified on a registered plan, or
(b) by metes and bounds.
2(2)If a parcel of land is created as a consolidation under subsection 10.4(1) of the Land Titles Act, the description of the consolidated parcel may consist of separate descriptions of each parcel in the consolidation.
Standards for description by a plan
3If a parcel of land is uniquely identified on a registered plan, a description of the parcel shall include
(a) if the land is situated in a local government, the name of the local government,
(a.1) Repealed: 2017, c.20, s.90
(b) if the land is not situated in a local government, the name of the community in which the land is situated if the community has a name by which it is known,
(c) the name of the parish in which the land is situated,
(d) the name of the county in which the land is situated,
(e) the entire designation by which the parcel is identified on the plan,
(f) the registration number of the plan,
(g) the name of the county in which the plan is registered,
(h) the registration date of the plan,
(i) the name of the plan as it appears in the title of the plan,
(j) a statement regarding the confirmation of the location of a boundary under the Boundaries Confirmation Act, if applicable,
(k) a statement of interests that benefit the parcel in accordance with section 5, and
(l) a list of all parcels excepted from the description in accordance with section 6.
2005-89; 2017, c.20, s.90
Standards for a metes and bounds description
4If a parcel of land is described by metes and bounds, a description of the parcel shall include
(a) if the land is situated in a local government, the name of the local government,
(a.1) Repealed: 2017, c.20, s.90
(b) if the land is not situated in a local government, the name of the community in which the land is situated if the community has a name by which it is known,
(c) the name of the parish in which the land is situated,
(d) the name of the county in which the land is situated,
(e) a perimeter description that
(i) is logical,
(ii) appears to close,
(iii) appears to be error free, and
(iv) enables the parcel to be located,
(f) reference to the registered document where the description of the parcel first appears by
(i) the document type,
(ii) the registration number of the document,
(iii) the names of the grantees of the interest conveyed in the document,
(iv) the name of the county in which the document is registered,
(v) the registration date of the document, and
(vi) the book and page number associated with the registration of the document, if applicable,
(g) a statement regarding the confirmation of the location of a boundary under the Boundaries Confirmation Act, if applicable,
(h) a statement of interests that benefit the parcel in accordance with section 5, and
(i) a list of all parcels excepted from the description in accordance with section 6.
2005-59; 2017, c.20, s.90
Statement of interests that benefit a parcel
5A statement of interests that benefit a parcel of land shall include the following with respect to each interest:
(a) if a plan creates the interest,
(i) the registration number of the plan,
(ii) the name of the county in which the plan is registered, and
(iii) the registration date of the plan;
(b) if a document creates the interest,
(i) the document type,
(ii) the registration number of the document,
(iii) the name of the county in which the document is registered,
(iv) the registration date of the document, and
(v) the book and page number associated with the registration of the document, if applicable.
List of excepted parcels
6A list of parcels excepted from a description shall include the following for each excepted parcel:
(a) if the excepted parcel is created by the registration of a plan,
(i) the entire designation of the parcel on the plan,
(ii) the registration number of the plan,
(iii) the name of the county in which the plan is registered, and
(iv) the registration date of the plan;
(b) if the excepted parcel is created by the registration of a document,
(i) the document type,
(ii) the registration number of the document,
(iii) the names of the grantees of the interest conveyed in the document,
(iv) the name of the county in which the document is registered,
(v) the registration date of the document, and
(vi) the book and page number associated with the registration of the document, if applicable.
Circumstances for a consolidation
7For the purposes of subsection 10.4(1) of the Land Titles Act, the registrar may assign a parcel identifier to a parcel created as a consolidation where each of the adjoining parcels is owned by the same owner or owners, in the same manner of tenure, and where the same encumbrances are applicable to the parcel created as a consolidation as are applicable to each of the adjoining parcels.
Commencement
8This Regulation comes into force on September 25, 2000.
N.B. This Regulation is consolidated to January 1, 2018.