Acts and Regulations

L-1.1 - Land Titles Act

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Debentures
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.
1986, c.49, s.7; 2000, c.43, s.4
Application to register debenture
26.1(1)Registered land may be mortgaged or charged by the registration of a debenture in prescribed form.
Application to register debenture
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.
Application to register debenture
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.
Prescribed covenants and conditions
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.
Optional debenture covenants
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.
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.
Discharge of debenture
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.
Notice of crystallization of debenture
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.
1986, c.49, s.7; 2000, c.43, s.4