2(1)This Act applies to the registration of the title to

2(2)The Lieutenant-Governor in Council may except from the operation of this Act or bring under the operation of this Act such parcels of land, including land owned by the Crown, as he considers fit and in doing so may designate the land generally or specifically, by location or territory, by class or kind, in reference to the transfer, transferor or transferee, or in reference to the instruments in which a description or reference to the land is made.

2(3)Except as provided in subsection (4) or (5) or by regulation, no instrument shall be recorded under the Registry Act if this Act applies to the registration of the title to the land to which the instrument relates.

2(4)Notwithstanding subsection (3), where an application has been made to have the title to land registered under this Act, an instrument may be recorded under the Registry Act relating to that land at any time before notice with respect to the land has been recorded under the Registry Act pursuant to subsection 18(6) of this Act.

2(5)Notwithstanding subsection (3), when the Registrar General is satisfied that the circumstances require that an instrument or document should be recorded under the Registry Act he may authorize it to be recorded under that Act by a certificate endorsed on or annexed to the instrument or document.

2(6)The Registrar General may include in any such certificate a condition that the owner of the land described in the instrument or document shall be deemed to have made application to bring the land under this Act, and the procedures for bringing that land under this Act shall be carried out as if formal application had been made by the owner.

2(7)This Act binds the Crown.

2.1(1)This Act does not apply to an agreement that provides for an interest in property to secure payment or performance of an obligation that is within the scope of the Personal Property Security Act except to the extent that that Act expressly otherwise provides.

2.1(2)This Act applies to

2.1(3)For the purposes of subsection (2), “security” and “instrument” have the same meaning as in paragraph 4(f) of the Personal Property Security Act.

5(1)The Lieutenant-Governor in Council may appoint a person to be Registrar General of Land Titles who shall perform such duties and exercise such powers as are assigned to him by this Act, the regulations and the Lieutenant-Governor in Council.

5(2)The Lieutenant-Governor in Council may appoint a Deputy Registrar General of Land Titles who may perform any of the duties and exercise any of the powers of the Registrar General.

5(3)Service New Brunswick may appoint a registrar for a district who shall perform such duties and exercise such powers as are assigned to him by this Act, the regulations and Service New Brunswick.

5(4)Service New Brunswick may appoint a deputy registrar who may perform any of the duties and exercise any of the powers of a registrar.

5(5)Except in the case of the Registrar General and Deputy Registrar General who shall be paid such remuneration as the Lieutenant-Governor in Council determines, the registrars and deputy registrars shall be paid such remuneration as Service New Brunswick determines, and all costs and fees received by the registrars and deputy registrars, including the Registrar General and Deputy Registrar General, shall be paid to Service New Brunswick.

5(6)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Registrar General and to a registrar and to the deputies of either of them.

9(1)A registrar shall, upon request and payment of the prescribed fee, permit the inspection and furnish under his seal copies of records that are in his custody or that are obtainable by him from any other land titles office and every such copy shall, in any action or proceeding, be received as evidence and have the same force and effect as if the original of that record were produced.

9(1.1)Notwithstanding subsection (1), a registrar shall not be required to permit the inspection or furnish under his seal copies of records that are contained in or accompany an application made under section 11.

9(2)All records and copies of records that are required or permitted by law to be kept or held by a registrar, the Registrar General or the Director of Surveys appointed under the Surveys Act and accurate reproductions of such records or copies thereof shall be admissible in evidence in any court as proof of the contents thereof if certified as correct by the proper officer without proof of the official character of the person or persons appearing to have signed the same, and without further proof thereof.

9(3)In this section “records” means any information set down by handwriting, drawing, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other manner of setting down information for the purpose of data compilation and storage and includes a printout from a computer or similar device in a form which may be understood whether the printout is the result of a process of data retrieval or a replica of data stored.

10.1(1)The registrar may assign a parcel identifier to any parcel of land.

10.1(2)The registrar may, on the application of any person, associate a description of a parcel of land with its parcel identifier if

10.1(3)The registrar may, on his or her initiative, associate a description of a parcel of land with its parcel identifier if

10.1(4)Where a description of a parcel of land does not meet the prescribed standards, the Registrar General may direct the registrar to associate that description with the parcel identifier assigned to that parcel if the Registrar General is satisfied

10.1(5)If a parcel of land is altered by subdivision, consolidation or other change, the registrar may

10.3(1)A description of land by reference to an approved parcel identifier is a sufficient description of that land for every transaction, dealing, instrument or proceeding relating to that land.

10.3(2)Where land is described in a registered instrument by reference to an approved parcel identifier, the land affected is the land described in the description associated with that parcel identifier at the time of the registration of the instrument.

10.3(3)Where land is described in a transaction, dealing or proceeding, other than in a registered instrument, by reference to an approved parcel identifier, the land intended to be affected is presumed to be the land described in the description associated with that parcel identifier at the time of the transaction, dealing or proceeding.

10.4(1)The registrar may, in prescribed circumstances, on the application of an owner of two or more adjoining parcels of registered land, assign a parcel identifier to a parcel created as a consolidation of those parcels.

10.4(2)Where the registrar has assigned a parcel identifier to a parcel of land under subsection (1), the parcel constitutes one parcel for the purposes of subdivision within the meaning of the Community Planning Act.

11(1)Any person claiming to be the owner of a parcel of land that is not registered land may by himself or his duly authorized agent apply to the registrar of the district in which the land is situated to have the title to the land registered under this Act.

11(2)An application shall be in the prescribed form, describe the parcel to which the application relates by its approved parcel identifier, and be accompanied by

11(3)Notwithstanding subsection (2), where an application under this section is submitted electronically by a subscriber, the subscriber shall

11(4)A subscriber shall not submit an application in electronic format unless the subscriber has in his or her possession the affidavit of the applicant or a copy of the affidavit in the prescribed form in paper format.

11(5)Where an application is submitted electronically, payment of the prescribed fee shall be made in such manner and at such time as is established by the Registrar General.

11(6)A subscriber shall retain the affidavit of the applicant or a copy of the affidavit for such minimum period of time as is required by the regulations.

11(7)The Registrar General may at any time require a subscriber or a former subscriber to produce for inspection the affidavit of the applicant or a copy of the affidavit and any other related material, and the subscriber or former subscriber shall do so without delay.

12(1)Where the registrar is satisfied that the application is complete, the registrar shall forward the application to the Registrar General.

12(2)Where the registrar is not satisfied that the application is complete, the registrar may reject the application and notify the applicant or the applicant’s agent of the rejection.

12(3)An applicant may, upon such terms as to the registrar or the Registrar General seem proper, withdraw his application as to the whole or any part of the land described therein at any time prior to the issue of the certificate of registered ownership.

12(9)When a title to land is registered subject to one or more interests pursuant to an order of the Registrar General under subsection (16), the registrar shall deal with the instruments evidencing the interests in the manner set out in section 18 in order of their priorities at the time of the registration and he shall not accept for registration any other instrument in respect of or affecting the same land until he has so dealt with the instruments.

12(10)When a title to land is registered subject to an interest pursuant to an order of the Registrar General under subsection (16) and the instrument evidencing the interest is registered in accordance with subsection 18(12) or in the manner prescribed, the instrument shall, notwithstanding anything in this Act relating to that type of instrument, continue to have the same force and effect as it would have if it were recorded under the Registry Act until the instrument lapses or is withdrawn or the registration is otherwise terminated by law.

12(16)Where the registrar has forwarded an application to the Registrar General under subsection (1), the Registrar General may, in reliance on the information contained in the certificate of title provided under paragraph 11(2)(b), make an order directing the registrar to register the title to the land.

12(17)The order referred to in subsection (16) shall be given to the registrar.

13(1)Upon the filing with the registrar of documentation evidencing an order of a court or enactment of the Province whereby a person acquires title or confirmation of title to a parcel of unregistered land and upon payment of the prescribed fee, the registrar shall forward the documentation filed to the Registrar General.

13(2)The Registrar General, upon being satisfied that

14.1(1)In relation to land governed by the Condominium Property Act, the Registrar General may, upon giving notice in prescribed form to each person who appears to have some right to or claim against the land in question or to be in possession of it, hold a hearing to determine what registration, if any, should be made in respect of the title to that land.

14.1(2)Where, following a hearing held under subsection (1), the Registrar General is satisfied as to the registration to be made in respect of the land in question, he may make orders directing the registrar to register the title to the land.

14.1(3)The Registrar General may dispense with a hearing for the purposes of subsections (1) and (2) and may issue orders directing the registrar to register the title to the land if

14.1(4)Each order, or a true copy of each order, referred to in subsection (2) or (3) shall be given to the registrar and to each person who appears to have some right to or claim against the land to which that order relates, or to be in possession of it.

14.1(5)For the purposes of subsection (1), the Registrar General has all the powers and privileges of a commissioner under the Inquiries Act and regulations thereunder.

15(1)Except as against the person making the instrument, no instrument shall, until registered, pass any estate or interest in registered land or render the land liable as security for the payment of money.

15(2)Subsection (1) does not apply to an instrument creating a leasehold interest not exceeding three years where there is actual occupation of the land under the instrument.

15(3)Every instrument shall be registered according to its tenor and intent and the registration thereupon creates, transfers, surrenders, charges or discharges, as the case may be, the land, estate or interest therein described.

15(4)Nothing in this Act confers on a registered owner, claiming otherwise than as a purchaser for valuable consideration, any better title than was held by his immediate predecessor in title.

17(1)After the title to land has been registered under this Act,

17(2)Any person who, prior to the date on which the title to land was first registered under this Act, had the use and enjoyment of a right of way or right of access to property and such right of way or right of access is not registered against a parcel of registered land, may apply to the court for relief.

17(3)The court upon consideration of an application pursuant to subsection (2) may grant relief and notwithstanding the generality thereof may

17(4)Unless the contrary is expressly declared in the title register, all registered land is, by implication and without any special mention in the title register, subject to the following overriding incidents:

17.1(1)Subject to subsection (6) and the regulations, those instruments designated by regulation shall be submitted to a land titles office for filing or registration in an electronic format only.

17.1(2)No instruments other than those designated under subsection (1) shall be submitted in an electronic format.

17.1(3)An instrument designated under subsection (1)

17.1(4)Subject to subsections (5) and (5.1), no person other than a subscriber shall submit an electronic instrument.

17.1(5)The owner of a mortgage who has entered into an agreement with Service New Brunswick may, in accordance with the agreement and the regulations, submit an electronic instrument that is an assignment of the mortgage or a discharge of the mortgage, if those instruments are designated under subsection (1).

17.1(5.1)A land surveyor who has entered into an agreement with Service New Brunswick may submit, in accordance with the agreement and this Act, an electronic instrument that is a digitally scanned image of a plan of survey or subdivision plan.

17.1(6)An instrument designated under subsection (1) may be submitted in a paper format to a land titles office for filing or registration if

17.1(7)A person who submits an instrument under paragraph (6)(a) or (b) shall provide to the registrar evidence of his or her identity or authorization that is satisfactory to the registrar.

17.11(1)Except with respect to an instrument designated under subsection 17.1(1) that is required to be in electronic format, and except as otherwise provided in the regulations, an instrument that may be filed or registered under this Act may be filed or registered by submitting a digitally scanned image of the instrument.

17.11(2)A digitally scanned image of an instrument that is submitted to be filed or registered in accordance with subsection (1)

17.11(3)When a digitally scanned image of an instrument is submitted to be filed or registered in accordance with subsection (1), the subscriber or the land surveyor, as the case may be, shall provide to the registrar evidence of his or her identity or authorization that is satisfactory to the registrar.

17.2(1)An electronic instrument shall not be submitted by a subscriber for filing or registration in electronic format unless the instrument has been authenticated by a subscriber in the manner established by Service New Brunswick.

17.2(2)A subscriber shall not authenticate an electronic instrument in electronic format unless

17.2(3)The authentication by a subscriber under subsection (2) is a certification by the subscriber that

17.2(4)An electronic instrument that is a digitally scanned image of an instrument shall not be submitted by a subscriber or a land surveyor for filing or registration unless the digitally scanned image of the instrument has been authenticated in the manner established by Service New Brunswick.

17.2(5)A subscriber or a land surveyor shall not authenticate an electronic instrument that is a digitally scanned image of an instrument unless

17.2(6)The authentication by a subscriber or land surveyor under subsection (5) is a certification by the subscriber or land surveyor that

17.2(7)When a subscriber authenticates an electronic instrument and the instrument referred to in paragraph (3)(a) has not been witnessed by the subscriber, the subscriber is entitled to rely on the certification of the person as to the due execution of that instrument or the sworn affidavit of the person who was a witness to the execution of the instrument as to the due execution of that instrument, unless the subscriber has reason to believe that

17.2(8)Nothing in this section requires that the subscriber or land surveyor who authenticates an electronic instrument be the subscriber or land surveyor who submits the instrument for registration or filing.

17.3(1)A subscriber, when authenticating an electronic instrument pursuant to section 17.2, shall provide the information required by the Registrar General in respect of

17.3(2)The provision of the information under subsection (1) by a subscriber is a certification by the subscriber that the information provided is accurate and that the subscriber has in his or her possession, in prescribed form and in paper format, the affidavit of execution, certificate of execution or statutory declaration, as the case may be, and the affidavit of marital status, if any.

17.7(1)The Registrar General may at any time require a subscriber or a former subscriber to produce for inspection any of the documents referred to in section 17.4.

17.7(2)A subscriber or former subscriber to whom a request is made shall without delay produce the documents requested under subsection (1).

17.8(1)A member of the Law Society of New Brunswick or a land surveyor who wishes to submit electronic instruments to a land titles office shall enter into an agreement with Service New Brunswick for the purposes of

17.8(2)Service New Brunswick shall not enter into an agreement under subsection (1) with a member of the Law Society of New Brunswick unless there is in place an agreement between the Law Society of New Brunswick and Service New Brunswick by which the Law Society of New Brunswick assumes responsibility

17.8(3)Service New Brunswick shall not enter into an agreement under subsection (1) with a land surveyor unless there is in place an agreement between the Association of New Brunswick Land Surveyors and Service New Brunswick by which the Association of New Brunswick Land Surveyors assumes responsibility

18(1)The registrar shall assign a registration number, date and time to every instrument received at the land titles office for filing or registration and shall enter a record of the instrument, date, time and number in the instrument record.

18(2)The instrument shall then be examined and, subject to subsection (4), a record of the acceptance of the instrument for filing or registration shall be entered in the instrument record.

18(3)When an instrument is accepted for registration pursuant to subsection (2), it shall be registered.

18(4)Notwithstanding anything in this or any other enactment, the registrar may refuse to file or register and may reject an instrument where the appropriate fee has not been paid therefor or where the instrument

18(5)Where the registrar is required pursuant to the provisions of this Act to register the title to land or to register land or to register a person as the owner of land or to register an instrument severing or consolidating land or a transfer, the registrar shall

18(6)Where the registrar registers a title to land pursuant to an order under section 12, 13 or 14 or a title to previously unregistered land pursuant to section 23, the registrar shall issue and record under the Registry Act a notice in prescribed form and thereafter the title to the land shall be dealt with under this Act, and this Act applies to every instrument or document that relates to an interest in that land.

18(7)Every parcel of land in respect of which a title is registered under this Act shall be identified by its approved parcel identifier in the title register.

18(9)Upon the rejection of an instrument, the registrar shall enter in the instrument record a record of the rejection and a memorandum of the reasons for such rejection, and shall notify the person who presented the instrument for registration.

18(10)Notwithstanding subsection (4), the registrar shall not reject an instrument referred to in subsection 12(10).

18(11)Any instrument that is filed or registered under this Act may, subject to such terms and conditions as the registrar may impose, be amended by the filing or registration of an amending instrument in prescribed form.

18(12)Notwithstanding anything in this Act, where a document sufficient to pass an estate or interest in land under the Registry Act deals with land registered under this Act, the Registrar General may, in his absolute discretion, order the proper registrar to register it under this Act, and when so registered it shall have the same effect as if registered as an instrument.

19(1)Instruments and interests or claims thereunder in respect of or affecting the same land shall be entitled to priority, the one over the other, according to the order of the registration numbers, dates and times assigned to the instruments by the registrar and not according to the date of their execution.

19(2)Registration numbers of rejected instruments shall be deemed to have been cancelled and to confer no priority.

19(3)Any priority of an instrument and interest or claim thereunder shall be lost if the instrument or interest thereunder lapses or is withdrawn or the registration thereof is otherwise terminated by law.

22(1)Every transfer of land shall operate as an absolute transfer of all such right and title that the transferor has in the land at the time a record of its acceptance is entered in the instrument record unless a contrary intention is expressed in the transfer.

22(2)Nothing in subsection (1) precludes any transfer from operating by way of estoppel.

24(1)Where an easement or incorporeal right in or over any land is granted, the instrument by which the easement or right is granted may be registered in respect of

25(1)Registered land may be mortgaged by the registration of a mortgage in prescribed form.

25(2)The owner of a registered mortgage may enforce all rights and remedies permitted by law as if the lands had been conveyed to him by mortgage subject to a proviso for redemption.

25(3)The registration of a mortgage does not have the effect of severing a joint tenancy.

25(4)Every mortgage in prescribed form shall be deemed to contain the covenants and conditions prescribed.

25(5)Notwithstanding subsection (4), the parties to a mortgage may agree to exclude from the mortgage any of the covenants and conditions prescribed by designating in the appropriate place in the mortgage the numbers corresponding to the numbers prescribed for those covenants and conditions.

25(6)The parties to a mortgage may agree to include in the mortgage covenants and conditions in addition to those prescribed, hereinafter called “optional mortgage covenants”, by designating in the appropriate place in the mortgage the numbers that have been assigned by the Registrar General to those optional mortgage covenants.

25(7)The Registrar General shall, upon the filing with him of an application in the prescribed form, assign a number to an optional mortgage covenant to which no number has previously been assigned.

26(1)A registered mortgage may be discharged in whole or in part or as to all or any of the land mortgaged by the registration of a discharge of mortgage in prescribed form.

26(2)A mortgagee may release a covenantor from all or any of his covenants in a mortgage by the registration of a release in prescribed form.

26.1(1)Registered land may be mortgaged or charged by the registration of a debenture in prescribed form.

26.1(2)The holder of a debenture who wishes to register the debenture against registered land shall file an application and a debenture in prescribed form with the registrar.

26.1(3)An application shall identify the parcel of registered land to which it relates, and may be made in respect of more than one parcel of registered land.

26.1(4)The parties to a debenture may agree to include in a debenture any of the covenants and conditions prescribed by New Brunswick Regulation 84-137, by designating in the appropriate place in the debenture the numbers corresponding to the numbers prescribed for those covenants and conditions.

26.1(5)The parties to a debenture may agree to include in a debenture covenants and conditions, hereinafter called “optional debenture covenants”, in addition to those prescribed by New Brunswick Regulation 84-137, by designating in the appropriate place in the debenture the numbers that have been assigned by the Registrar General to those optional debenture covenants.

26.1(6)The Registrar General shall, upon the filing with him of an application in the prescribed form, assign a number to an optional debenture covenant to which no number has previously been assigned.

26.1(7)A registered debenture may be discharged in whole or in part or as to all or any of the land mortgaged or charged by the registration of a discharge of debenture in prescribed form.

26.1(8)Where a floating charge contained in a debenture has been crystallized, a notice of crystallization of debenture may be registered in prescribed form against any parcel with respect to which the debenture has been registered.

27(1)Every lease of registered land, except a lease for a period not exceeding three years where there is actual occupation of the land under the lease, shall be evidenced by

27(2)Every lease in prescribed form shall be deemed to contain the covenants and conditions prescribed.

27(3)Notwithstanding subsection (2), the parties to a lease may agree to exclude from the lease any of the covenants and conditions prescribed by designating in the appropriate place in the lease the numbers corresponding to the numbers prescribed for those covenants and conditions.

27(4)The parties to a lease may agree to include in the lease covenants and conditions in addition to those prescribed, hereinafter called “optional lease covenants”, by designating in the appropriate place in the lease the numbers that have been assigned by the Registrar General to those optional lease covenants.

27(5)The Registrar General shall, upon the filing with him of an application in the prescribed form, assign a number to an optional lease covenant to which no number has been assigned.

27(6)A lease which has been registered or with respect to which notice of lease has been registered is not valid as against the holder of an encumbrance unless

27(7)A right of the lessee to purchase the land or extend or renew the term of the lease may be stipulated in the lease and in such case the words “and option” shall be added immediately following the word “lease” in the heading of the lease or the notice of lease in prescribed form.

28(1)A lessee may with the consent of the lessor surrender a lease which has been registered or with respect to which notice of lease has been registered, by the registration of a surrender of lease in prescribed form.

28(2)A lease that is subject to an encumbrance shall not be surrendered without the consent of the holder of the encumbrance.

28(3)When a surrender of a lease has been registered the estate or interest of the lessee shall vest in the lessor or the person entitled to the land on the expiry or determination of the lease.

29(1)A registered mortgage, a registered lease and a registered debenture may be assigned by the registration of an assignment in prescribed form.

29(2)In case of a charge by a mortgagee of his interest in a mortgage, the person in whose favour the charge is created shall be deemed to be the transferee of the interest and shall have all rights and powers as such, subject to the provisos and conditions expressed in the instrument creating the charge or implied therein by virtue thereof.

29(3)Upon the registration of an assignment of a mortgage, lease or debenture, the interest of the assignor in the mortgage, lease or debenture with all rights, powers and privileges thereto appertaining passes to the assignee, and the assignee is then subject to the same limitations and obligations, to the extent of the interest assigned, as if named mortgagee, lessee or lender in the original mortgage, lease or debenture.

29(4)By virtue of every registered assignment the right to sue upon the mortgage, lease or debenture and to recover the estate, the amount assigned or damages, and all the interest of the assignor in the estate, amount or damages, vests in the assignee.

29(5)Nothing contained herein prevents a court from giving effect to any trusts affecting such estate, amount or damages, or the interest of the assignor in the estate, amount or damages, if the assignee holds them as trustee for another person.

30(1)Any person claiming to be interested in any registered land may register a caveat in prescribed form against the land.

30(2)Upon the registration of a caveat, the registrar shall forthwith

30(3)Where in the opinion of the Registrar General a caveat forwarded to him pursuant to subsection (2) has been improperly registered in that the interest claimed thereunder is not an interest in land or should be registered in the form of an instrument that creates an interest or passes an estate in the land, he shall make an order directing the registrar, after the expiration of such time as the Registrar General shall specify in the order, unless an appeal is taken within that time, to withdraw the caveat from registration.

30(4)A copy of the order referred to in subsection (3) shall, when it is sent to the registrar, be given to the registered owner of the land and to any person having a registered estate or interest affected by the caveat and to the caveator or his solicitor who filed the caveat.

31(1)Notwithstanding that a caveat is registered against land, it shall not have the effect of creating any interest in or passing any estate in that land but, while it is registered and remains in force, the registrar shall not register any other instrument affecting the land described in the caveat except subject to the caveator’s claim as stated in the caveat.

31(2)A caveator may assign his claim and rights under a caveat, and such assignment may be evidenced by the registration of an assignment in prescribed form.

31(3)Upon the registration of an assignment of a caveat, the claim of the assignor as set forth in the caveat with all rights, powers and privileges thereto appertaining shall pass to the assignee, and the assignee shall thereupon become subject to the same limitations and obligations, to the extent of the claim assigned, as if named in the original caveat.

33(1)The registrar shall, on receipt of a request to have the caveat withdrawn from registration, in writing made by the owner or person claiming an interest in land affected by a caveat, give a notice in prescribed form to the caveator of such a request.

33(2)A caveat ceases to be registered upon the expiration of thirty days from the giving of the notice pursuant to subsection (1), unless within that time the caveator files with the registrar a court order extending the period of registration of the caveat and in such case it shall remain in force for the period determined by the order.

33(3)The caveator may apply to the court for an order referred to in subsection (2), and the court may, on such notice as it considers proper to the owner and any other person the court considers should be given notice, make such order.

33(4)If a court order is filed, extending the period of registration of a caveat, the caveat ceases to be registered at the expiration of the extended period set out in the order unless, before the expiration of the extended period, a further extending order is filed.

35(1)Any person who has sustained damage or incurred costs or expenses by reason of a caveat having been registered, or having been allowed to remain registered, wrongfully or vexatiously or for an unreasonable period of time or without reasonable cause, has a cause of action therefor against the caveator or his personal representative.

35(2)Where the court orders the withdrawal or removal of a caveat or declines to extend the registration of a caveat, it may also grant an order restraining the caveator or any party to the application from registering another caveat in the same matter.

36(1)Where the Registrar General is satisfied upon an application to him or as a result of his own investigation that an error on the title register or in any registered instrument related thereto should be corrected or that threatened or apprehended fraud or any improper dealing related to land should be prevented, he may issue and register a stop order to prohibit the registration of any instrument affecting the land, and while a stop order is registered and remains in force the registrar shall not register any instrument affecting that land, notwithstanding any other enactment or law to the contrary, but a stop order does not preclude the receipt by a registrar of instruments relating to the land affected by the stop order.

36(2)Upon the registration of a stop order the registrar shall forthwith give a notice of the stop order to the registered owner of the land affected by the stop order.

36(3)A stop order, subject to subsection (4), remains in force until such date as is specified therein by the Registrar General.

36(4)Where the Registrar General refuses upon request to withdraw a stop order from registration, upon application by the owner or a person claiming an interest in the land affected by the stop order, the court may require the Registrar General to show cause why the stop order should not be withdrawn from registration and the court may upon such evidence as it requires make such order as it thinks fit.

37(1)Where a registered owner of land alleges by affidavit filed with the Registrar General that, on account of special or unusual circumstances set out in the affidavit, an instrument affecting his land should not be registered, the Registrar General may authorize the registration of the affidavit and while it is registered and remains in force the registrar shall not register the instrument referred to therein unless the deponent withdraws the affidavit or a court order has been filed with the registrar establishing the title of the claimant under the instrument.

37(2)Any person who has sustained damage or incurred costs or expenses by reason of an affidavit referred to in subsection (1) having been registered or having been allowed to remain registered, wrongfully or vexatiously or without reasonable cause, has a cause of action therefor against the deponent or his personal representative.

40(1)A judgment creditor who wishes to register a judgment for the recovery of money against registered land shall file an application in prescribed form with the registrar.

40(2)The registration of a judgment does not have the effect of severing a joint tenancy.

40(3)An application to register a judgment against registered land shall not be considered to be incomplete or in improper form only by reason that

40(4)An application may be made in respect of more than one parcel of registered land.

40(5)Every application shall have annexed thereto a copy of the judgment.

40(6)Where the registrar is satisfied that the application is in order, he shall register the judgment.

41.1(1)If a judgment has been registered against the interest of a judgment debtor who is a joint tenant and the judgment debtor dies before the joint tenancy has been severed, the judgment does not bind the interest that the surviving joint tenant holds in the land after the death of the judgment debtor.

41.1(2)If a judgment has been registered against the interest of a judgment debtor who is a joint tenant and the other joint tenant dies before the joint tenancy has been severed, the judgment binds the interest that the judgment debtor holds in the land after the death of the other joint tenant.

43(1)The registered owner or any person claiming an interest in the land against which a judgment is registered may, in writing, request the registrar to give to the judgment creditor a notice in prescribed form.

43(2)A request under subsection (1) shall be accompanied by an affidavit of the owner or some person having knowledge of the facts to the effect that

43(3)Upon receipt by the registrar of a request under subsection (1), he shall give a notice in prescribed form to the judgment creditor by giving it to him or to the solicitor or agent who filed the application to register the judgment.

43(4)A judgment ceases to be registered upon the expiration of ninety days from the giving of the notice pursuant to subsection (3) unless, within that time, the judgment creditor files with the registrar who gave the notice an order of the court extending the period of registration of the judgment and in such case the judgment remains registered for the period determined by the order.

43(5)A judgment creditor may apply to the court for an order referred to in subsection (4), and the court may, on notice to the owner of the interest in the land against which the judgment is registered, make such order.

43(6)The registration period of a judgment that has been extended pursuant to subsections (4) and (5) may be further extended by an order of the court filed before the expiration of the original extended registration period.

43(7)The assignment of a judgment that has been registered may be registered if made in prescribed form.

43(8)Upon the registration of an assignment of a judgment, the interest of the assignor as set forth in section 41 with all rights, powers and privileges thereto appertaining passes to the assignee and the assignee thereupon is subject to the same limitations as if named in the original judgment to the extent of the interest assigned.

45(1)Any person who has sustained damage, or who has incurred costs or expenses, by reason of a judgment having been registered or having been allowed to remain registered, wrongfully or vexatiously or without reasonable cause, has a cause of action against the judgment creditor or his personal representative.

45(2)For the purposes of this section, a judgment shall be deemed to have been registered wrongfully or vexatiously or without reasonable cause if the judgment creditor or his agent has not taken reasonable steps to ensure that the judgment debtor is the same person as the registered owner.

47(1)A power of attorney that describes registered land by its approved parcel identifier may be registered as to that land.

47(2)Subject to subsection (1), a power of attorney may be filed with the registrar.

47(3)A power of attorney that has been filed or registered shall be recognized by the registrar for the purpose for which it was executed while it remains in force.

47(4)Where an instrument required to be registered is executed under a power of attorney, execution shall be proved by a statutory declaration in prescribed form.

47(5)A statutory declaration is not required to accompany an instrument in electronic format that is submitted for registration.

47(6)Notwithstanding that an electronic instrument is not required to be accompanied by a statutory declaration, subsection (4) applies to those instruments in paper format that a subscriber is required to have in his or her possession under paragraph 17.2(3)(a).

48(1)There may be registered, in respect of any land that is being or has been registered, an instrument containing a condition or covenant.

48(2)Every successive owner of the land is affected with notice of the condition or covenant and is bound thereby if it is of such nature as to run with the land, but any such condition or covenant may be modified or discharged by order of the court on proof to the satisfaction of the court that

48(3)The registration of an instrument containing a condition or covenant intended to run with the land or annexed thereto does not

48(4)A condition or covenant may be discharged in whole or in part as to the whole or any part of the land affected thereby by the registration of an instrument executed by the parties entitled to enforce the condition or covenant.

48.1(1)The Registrar General shall, upon the filing with him of an application in the prescribed form, assign a number to a condition or covenant to which no number has previously been assigned.

48.1(2)The owner of registered land may designate in the appropriate place in a transfer the number that has been assigned by the Registrar General to a condition or covenant.

48.1(3)Where a transfer containing a condition or covenant has been registered, it is not necessary to repeat the condition or covenant in any subsequent transfer.

50(1)Where, pursuant to section 74 of the Bankruptcy and Insolvency Act (Canada) a receiving order or assignment, or a copy thereof, relating to title to registered land is registered by a trustee, the registrar shall register the title to the land in the name of the trustee as such and forthwith give a notice of the registration to the owner of the land and to each owner of a registered interest or estate in the land affected by the registration.

50(2)A receiving order or assignment that relates only to an interest in registered land shall be registered as to that interest.

50(3)The owner may, in writing, request the registrar to give to the trustee a notice in prescribed form.

50(4)A request under subsection (3) shall be accompanied by an affidavit of the owner or some person having knowledge of the facts to the effect that the bankrupt named in the receiving order or assignment is not the same person as the owner.

50(5)Upon receipt of a request under subsection (3), the registrar shall give a notice in prescribed form to the trustee and the receiving order or assignment shall cease to affect the land upon the expiration of thirty days from the giving of the notice unless within that time the trustee files with the registrar a court order confirming that the bankrupt is the owner.

50(6)When a receiving order or assignment ceases to affect the land the registrar shall register as owner the person who would have been the registered owner if the receiving order or assignment had not been registered.

51(1)Where registered land is sold for taxes pursuant to any enactment of the Province, the purchaser may register against the land a certificate of tax sale issued by the proper officer.

51(2)Where the land sold for taxes is redeemed within the time limited for redemption, the person who authorized the sale shall forthwith file with the registrar a notice in writing stating that the land described therein has been redeemed and the date of the redemption, and thereupon the registrar shall register the notice and cancel the registration of the certificate of tax sale.

51(3)The registrar is not required to take notice of any irregularity in a tax sale, or in any of the proceedings relating thereto, or inquire into the regularity of the tax sale proceedings or any proceedings prior to or having relation to the assessment of land but shall on presentation by the purchaser of registered land under a tax sale, of the tax sale deed or transfer, register the title to the land in the name of the purchaser as owner.

52(1)A person who claims to be entitled to be registered as the owner of any registered land or the owner of an estate or interest therein

52(2)Where a document forwarded to the Registrar General is

53(1)When the owner of registered land dies, his title to the land shall, subject to this Act, be registered in the name of his personal representative as such.

53(2)When registered land is transmitted in consequence of the death of the owner, the personal representative shall apply to the registrar for registration of the transmission in prescribed form together with such other documents as may be required to establish the title.

53(4)A transmission that relates only to an interest in registered land shall be registered as to that interest.

53(5)The registrar shall not register any instrument executed by the personal representative of a deceased registered owner, except a caveat, unless the instrument to be registered is accompanied by such other documents as are necessary to establish his right to execute such instrument.

53(6)A person purchasing real property in good faith and for value from the personal representative of a deceased registered owner in a manner authorized by this Act is entitled to hold it freed and discharged from any debts or liabilities of the deceased owner and from all claims of the persons beneficially entitled thereto, but subject to such encumbrances, liens, estates or interests as are shown by the title register to have been registered against the land or in respect thereto and such purchaser shall not be bound to see to the application of the purchase money.

53(7)An application for registration under this section shall be referred to the Registrar General and shall be registered only when the Registrar General has approved the application.

53(8)Sections 18 and 19 of the Devolution of Estates Act do not apply with respect to registered land.

54(1)In every registered instrument transferring or mortgaging registered land there shall be implied a covenant by the transferor or mortgagor that he will do such acts and execute such instruments as, in accordance with this Act, are necessary to give effect to all covenants, conditions and purposes expressly set forth in the instrument or by this Act declared to be implied or deemed to be contained therein against such person.

54(2)In every transfer and mortgage in prescribed form there shall be implied a covenant that the transferor or the mortgagor, his heirs, executors, administrators and assigns will do such other acts and execute such further instruments for further, better and more perfectly and absolutely transferring or mortgaging the said lands.

54(3)In every registered instrument transferring registered land that is subject to a mortgage there shall be implied a covenant by the transferee with the transferor that the transferee will pay the principal money, interest, annuity or rent charge secured by the mortgage at the rate and at the time specified in the mortgage and will indemnify and keep harmless the transferor from and against the principal sum or other money secured by the mortgage and from and against the liability and obligation in respect of any of the covenants or conditions therein contained or under this Act implied or deemed to be contained on the part of the transferor.

54(4)Every covenant, condition and power, declared to be implied or deemed to be contained in any instrument by this Act, shall, unless it is expressly negatived or modified in the instrument, have the same force and effect and be enforced in the same manner as if it had been set out at length in the instrument and, when a party to an instrument is bound by such a covenant, condition or power, such covenant, condition or power shall also bind his heirs, executors, administrators and assigns.

54(5)When any instrument is executed by more than one person as one of the parties, such covenants and conditions as are by this Act to be implied or deemed to be contained in instruments of a similar nature shall be construed to bind the persons jointly and severally unless expressly stated to the contrary.

54(6)In an action for an alleged breach of a covenant declared to be implied or deemed to be contained in an instrument by this Act, the covenant alleged to be broken may be set forth and it is lawful to allege, in the same manner as if the covenant had been expressed in words in the instrument, that the party to the instrument did so covenant.

55(1)Except for electronic instruments, every instrument that is to be registered under this Act shall be

55(2)Every instrument referred to in subsection (1) shall be accompanied by an affidavit of execution, a certificate of execution or, in the case of a corporation, an affidavit of corporate execution.

55(3)An affidavit of execution and an affidavit of corporate execution shall be in prescribed form and shall be made before

55(4)A certificate of execution shall be in prescribed form and shall be signed by a notary public and sealed with his notarial seal.

55(5)The requirements of subsections (1) and (2) do not apply to a caveat, claim for lien under the Construction Remedies Act, judgment, order of the Registrar General, document issued by the Crown under an enactment of the Province, document issued pursuant to the Bankruptcy and Insolvency Act (Canada), affidavit under section 37 or such class of instruments as may be prescribed.

55(6)Notwithstanding subsections (1) and (2), the Registrar General, upon being satisfied of the due execution of the instrument, may direct the registrar to register it.

55(7)Notwithstanding that an electronic instrument is not required to be accompanied by an affidavit of execution, certificate of execution or an affidavit of corporate execution, subsections (1) and (2) apply to those instruments in paper format that a subscriber is required to have in his or her possession under paragraph 17.2(3)(a).

56(1)Every application, transfer, mortgage or lease and every instrument assigning or claiming an interest in or a right relating to or affecting the title to land or any interest therein presented to the registrar for registration or filing shall contain an address of the applicant, transferee, mortgagee, lessee, assignee or claimant, as the case may be.

56(2)A person may notify the registrar in writing of a change of his name or address.

56(3)The last address of a person on file with the registrar is the address for service of all notices and documents given pursuant to this Act.

57(1)A notice required to be given by a registrar or the Registrar General to any person pursuant to subsection 14.1(1), subsection 30(2) or (4), subsection 33(1), subsection 36(2), section 42, subsection 43(3), subsection 50(1) or (5) or section 68 shall be given by any method recognized as personal service for the purposes of the Rules of Court or, if such personal service cannot be effected, in the manner directed by the Registrar General.

57(2)Unless otherwise provided by subsection (1), any notice or document required by this Act to be given to or by any person shall be given by any method recognized as personal service for the purposes of the Rules of Court or in the manner directed by the Registrar General.

58(1)Where an instrument discloses that a party to the instrument takes registered land or an interest therein in trust, the registrar shall register it in the name of such party followed by the words “in trust”.

58(2)Where registered land or an interest or estate therein is registered in trust, no disposition affecting such land, interest or estate may be registered unless the Registrar General is satisfied that the disposition is in accordance with the terms of the trust.

60(1)Notwithstanding any other enactment, any instrument in paper format made in the form prescribed may be duly executed without seal and without any consideration therefor being specified therein.

60(2)An instrument executed as described in subsection (1) and every agreement, stipulation and condition therein has the same effect for all purposes as if executed under seal and stating that consideration has been paid.

60(3)Notwithstanding subsection (1), an instrument executed by a corporation, except a caveat or a claim for lien under the Construction Remedies Act, shall have the corporate seal affixed thereto, if the corporation has a corporate seal.

61(1)Notwithstanding any rule of law or equity to the contrary, a person contracting or dealing with or taking or proposing to take a transfer of or interest in registered land from the owner thereof is not, except in the case of fraud by such person,

61(2)Knowledge on the part of any such person that any unregistered instrument or interest or claim is in existence shall not of itself be imputed as fraud.

61(3)Subject to section 49 of the Personal Property Security Act, no person contracting or dealing with or taking or proposing to take a transfer of or an interest in registered land from the owner is affected by a registration in the Personal Property Registry whether or not that person has notice or knowledge of the registration.

61(4)The fact that a person referred to in subsection (3) has knowledge of a registration in the Personal Property Registry, or that that person could have obtained knowledge by searching the Personal Property Registry, is not evidence of fraud for the purposes of subsection (1).

63(1)Any person may upon payment of the prescribed fee require the registrar to issue a certificate of registered ownership, in the prescribed form, in respect of any parcel of registered land.

63(2)Every certificate of registered ownership under this Act shall contain a statement of the registered owner’s interest in the land referred to therein and is subject to the exceptions and reservations stated therein, overriding incidents and the provisions of this Act and the regulations.

63(3)Every certificate of registered ownership under this Act shall be evidence in all courts and in every proceeding of the particulars contained therein as of the date and at the time the certificate was issued.

66(1)Upon the registration of three or more persons as owners of the same land or of the same interest, an entry may, with their consent, be made on the title register to the effect that, when the number of such owners is reduced below a certain specified number, no registered disposition of the land or interest shall be made except by order of the court.

66(2)In any entry made under subsection (1), the words “No Survivorship” in the entry mean that, if any one of the owners should die, no registered disposition of the land or interest shall be made except by order of the court.

66(3)Before making an order referred to in subsections (1) and (2), the judge shall, if considered requisite, cause notice of the application to be properly advertised, and in such a case appoint a period of time within which any person interested may show cause why the order should not be made, and thereupon the judge may order the transfer of the land to any new owner or owners, solely or jointly, with or in the place of any existing owner or owners, or make such order in the premises as seems just for the protection of the persons beneficially interested in the land or in the proceeds thereof.

70(1)Subject to section 71, the court may make an order directing the registrar to rectify the title register in the following cases:

70(2)An application to the court for an order directing the registrar to rectify the title register shall be made in the manner prescribed in section 79.

72(1)When the registrar makes a rectification pursuant to section 68 or as directed by the court pursuant to section 70, he shall make a notation of the rectification and the date thereof in the title register in the prescribed manner but he shall not erase or remove any erroneous entry or memorandum from the title register.

72(2)Where a rectification is made in accordance with subsection (1), the title register shall be deemed to be and to have been rectified from the time

73(1)Any person who suffers damage by reason of the rectification of the title register, an error or omission in the title register which is not rectified, an error or omission in a certificate of registered ownership or the loss or destruction of any document lodged at a land titles office for inspection or safe custody is entitled to be indemnified except in the following cases:

73(2)For the purposes of subsection (1), an owner of any registered land or encumbrance claiming in good faith and for valuable consideration under a forged disposition shall, where the title register is rectified, be deemed to have suffered damage by reason of such rectification.

74(1)Upon the application of a claimant, the Registrar General may determine whether or not a right of indemnity has arisen under this Act, and where he determines that such a right has arisen he may, with the approval of Service New Brunswick and with the consent of the claimant, award the claimant an amount as indemnity and may, whether or not he determines that such a right has arisen, award the claimant an amount for the reasonable expenses the claimant has incurred in making the application.

74(2)Where an award is not made pursuant to subsection (1) the claimant may, whether or not he has made an application under subsection (1), apply to the court for an award of indemnity.

77(1)Where an indemnity is paid in respect of damage resulting from loss of an estate or interest in or encumbrance upon the land, the amount so paid shall not exceed the fair market value of the estate, interest or encumbrance

77(2)Notwithstanding subsection (1), the amount of the indemnity to be paid shall include the value of buildings and other improvements erected or made subsequent to the error or omission if erected or made in good faith by the claimant or his predecessor in title before being aware of any damage.

79(1)In this section “decision” means decision, act, omission, refusal, determination, direction or order.

79(2)Any person who is dissatisfied with a decision of the Registrar General or a registrar may require the Registrar General or the registrar, as the case may be, to provide to him within a reasonable time written reasons for the decision.

79(3)Any person who desires rectification of the title register under section 70 or who is dissatisfied with a decision of the Registrar General or a registrar may make an application to the court stating the reason for the desired rectification or the grounds of dissatisfaction with the decision and the relief or remedy sought.

79(4)Before making an application to the court under this section the proposed applicant shall give to the Registrar General a notice of proposed application in prescribed form accompanied by a copy of the proposed application.

79(5)Upon receipt of the notice referred to in subsection (4), the Registrar General shall forthwith give a copy of the notice to the registrar for the district in which any land affected by the proposed application is situated and the registrar shall upon receipt make a notation of the notice in the title register and after such receipt any dealing with the land affected by the proposed application is subject to such notice.

79(6)An application to the court under this section shall not affect a disposition for valuable consideration made in good faith and registered before receipt of notice of the application by the registrar under subsection (5).

79(7)An application to the court under this section may not be made after the expiration of thirty days from the giving of the notice under subsection (4) or after such greater or lesser period as the court may order.

79(8)In hearing an application under this section the court may hear and consider any relevant evidence whether or not it would be admissible under the rules of evidence.

79(9)Subject to section 71, the court may make such order in respect of the application and as to costs as the circumstances of the case require.

80(1)Before the registrar accepts for registration any instrument or other document or performs any other duty that he is requested to perform under this Act, he shall receive the prescribed fee therefor.

80(1.1)Payment of any fees or taxes in respect of the registration of an electronic instrument shall be made by electronic means in such manner and at such time as is established by the Registrar General.

80(2)In addition to the fee payable to the registrar under subsection (1), there shall be paid to the registrar such assurance fee as may be prescribed for claims respecting indemnification.

80(3)Notwithstanding subsection (2), no assurance fees are payable in respect of transfers between ministers or departments of the Crown in right of Canada or the Province or between the Crown in right of Canada and the Crown in right of the Province or to any of them.

80(4)Before any transfer of registered land is registered, the value of the land shall be ascertained by an affidavit of value in prescribed form of the applicant, transferor or transferee or of such other person as the registrar believes to be acquainted with the value of the land and whose oath or affirmation the registrar is willing to accept, and such affidavit of value shall be filed with the registrar.

80(4.1)Notwithstanding subsection (4), where a transfer is submitted in electronic format, the subscriber who submits the transfer shall provide a declaration in electronic format of all the material facts that would have been contained in an affidavit of value if the transfer had been submitted for registration in paper format.

80(4.2)Where a subscriber submits a declaration in electronic format under subsection (4.1), the declaration satisfies any requirements under this or any other Act to file an affidavit of value with the registrar.

80(5)Subsection 19(7) of the Registry Act and subsections 12(3.5) and (3.6) of the Assessment Act apply mutatis mutandis to an affidavit filed under subsection (4) or an electronic declaration filed under subsection (4.1).

80(6)If the registrar is not satisfied as to the correctness of the value so sworn to, affirmed or declared, he may require the applicant, transferor or transferee to produce a certificate of the value under the hand of an evaluator appointed by the registrar and, in such case, the certificate shall be conclusive evidence of the value.

80(7)Each registrar shall keep a correct account of all sums of money received by him under this Act and shall pay that money in such manner as may be determined by Service New Brunswick.

80(8)The indemnity, costs and expenses awarded to a person claiming indemnification pursuant to this Act shall be paid out of any account or fund established for this purpose.

80(9)If the account or fund established pursuant to subsection (8) is insufficient to make the payment required, or if no provision is made, then payments shall be paid out of the Consolidated Fund.

82(1)The registrar shall make available to any person, upon request, information registered with him concerning registered land.

82(2)A person requesting information pursuant to subsection (1) shall pay such fee as is prescribed.

82(3)The registrar is not liable for any error or omission arising from information provided pursuant to subsection (1) unless such information is certified as prescribed.