Effect of registration on subsequent interests
17(1)After the title to land has been registered under this Act,
(a)
no right, title or interest adverse to or in derogation of the title of the registered owner or his right to possession shall be acquired by the possession of another; and
(b)
no right to the access and use of light or any easement, right or profit
à prendre shall be acquired in or in respect of the land by any person by prescription,
and any such rights acquired by any person prior to the date on which the title was first registered under this Act shall not be enforceable as against a registered owner if the existence of the right is not shown in the title register.
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
(a)
order that the title register be rectified to show the existence of a right of way or right of access;
(b)
determine the compensation, if any, that should be paid to any person;
(c)
order that any reasonable legal, survey and other costs actually incurred by a person involved in the application be damage suffered by reason of rectification of the title register; and
(d)
fix the costs in a lump sum or order that the costs be taxed in accordance with the Rules of Court.
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:
(a)
any subsisting exceptions, reservations, covenants and conditions in favour of the Crown contained in or implied by grant of the land from the Crown or excepted or reserved by statute, including any standing trees and timber vested in the Crown;
(b)
the right of a lessee under a subsisting lease or agreement for a lease for a period not exceeding three years where there is actual occupation of the land under the lease or agreement;
(c)
any right of a spouse of the registered owner to occupy the land under the
Marital Property Act;
(d)
any right granted by or under an enactment of Canada or the Province
(i)
to enter, go across or do things on land for the purpose specified in the enactment,
(ii)
to recover taxes, duties, charges, rates or assessments by proceedings in respect of land,
(iii)
to expropriate land,
(iv)
to restrict the use of land, or
(v)
to control, regulate or restrict the subdivision of land;
(e)
any lien under the
Construction Remedies Act where the time within which the claim for lien is required to be registered has not expired;
(f)
any public highway or other public right-of-way, however created, on, over or in respect of the land;
(g)
any easement or right-of-way, however created, on, over or in respect of the land, that is
(i)
held by the Crown, a Crown corporation, a local government or a public utility, and
(ii)
used to construct, alter, maintain, inspect or repair water mains or pipelines, drains, storm sewers, sanitary sewers, gas pipelines, electrical transmission lines, telecommunication transmission lines or any other similar works or works related to or appurtenant to those works, including if necessary, permanent towers, poles or relay or switching stations.
1985, c.4, s.37; 1986, c.49, s.4; 2011, c.13, s.1; 2017, c.20, s.88; 2020, c.29, s.110