Acts and Regulations

L-1.1 - Land Titles Act

Full text
Definitions
3In this Act
“approved parcel identifier” means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;(numéro d’identification approuvé)
“court” means a court of competent jurisdiction, and where it relates to an application herein means The Court of King’s Bench of New Brunswick and includes a judge thereof;(cour)
“digitally scanned image” means a digitally scanned image of an instrument in a format that has been approved by the Registrar General;(image numérisée)
“disposition” means any instrument made by an owner whereby rights in or over land are affected;(disposition)
“district” means the Province or a portion of the Province established as a land registration district;(circonscription)
“electronic format” means a computerized format of an instrument that has been approved by the Registrar General, but does not include a digitally scanned image of an instrument;(format électronique )
“electronic instrument” means an instrument in electronic format or a digitally scanned image of an instrument, including a plan of a survey or a subdivision plan; (instrument électronique)
“enactment” means an Act or a regulation, by-law or other instrument having the force of law made under authority of an Act;(text législatif)
“encumbrance” includes any registered claim or interest affecting land;(charge)
“grant” means a grant of Crown Lands in fee simple whether direct from the Crown or pursuant to an enactment;(concession)
“instrument” means any document for which provision is made under this Act for filing or registration and includes any document issued or made under the authority of an Act of Canada or the Province that is permitted thereby to be filed or registered in a land titles office;(instrument)
“instrument record” means a book, file, micrographic, electronic or other storage means for recording the receipt of instruments at a land titles office;(registre des instruments)
“judge” means a judge of the court;(juge)
“judgment” means an original, or a certified copy of a judgment, order, memorial or certificate issued by any court established by Canada or the Province or pursuant to an enactment;(jugement)
“land” means land, messuages, tenements, hereditaments, uses or usufructs, whether corporeal or incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges or easements appertaining thereto and trees and timber thereon, but except as prescribed does not include mines or minerals;(bien-fonds)
“land surveyor” means a member of the Association of New Brunswick Land Surveyors registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick;(arpenteur-géomètre)
“land titles office” means an office established for the registration of instruments relating to the title to land in a district;(bureau d’enregistrement foncier)
“lease” includes a sub-lease;(bail)
“lessee” includes a sub-lessee;(locataire)
“Minister” Repealed: 1989, c.N-5.01, s.34
“number” when used in relation to the numbers assigned by the Registrar General under sections 25, 26, 26.1 and 27 includes a number and letter combination;(numéro)
“person” includes the Crown in right of Canada or the Province;(personne)
“personal representative” means an administrator duly appointed by The Probate Court of New Brunswick or an executor;(représentant personnel)
“prescribed” Repealed: 2006, c.11, s.1
“prescribed form” means(forme prescrite)
(a) when referring to a document in paper format, a form prescribed by regulation, and
(b) when referring to a document in electronic format, an electronic format approved by the Registrar General;
“record under the Registry Act means to register, record or file in the appropriate registry office pursuant to the Registry Act;(inscrit en vertu de la Loi sur l’enregistrement)
“register” , with respect to(enregistrer)
(a) bringing a parcel under this Act or a transfer, grant or an instrument that by law vests a title to registered land in a person other than the registered owner, but not a mortgage, means entering in or amending the title register in such manner and in accordance with such procedures as may be prescribed for the purpose of recording ownership or changes of ownership of land;
(b) any other instrument, including a mortgage, means entering on the title register, in accordance with such procedures as may be prescribed for the purpose, a memorandum or record of that instrument;
“registered land” means land the title to which is registered under this Act;(bien-fonds enregistré)
“registered owner” means an owner of registered land;(propriétaire enregistré)
“registrar” means a registrar of land titles or a deputy registrar and includes the Registrar General when acting as a registrar;(registrateur)
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of electronic instruments;(souscripteur)
“title register” means a book, file, micrographic, electronic or other storage means whereby or wherein are registered the title to land and instruments relating thereto.(registre des titres)
1982, c.3, s.41; 1983, c.45, s.2; 1986, c.49, s.1; 1987, c.6, s.50; 1989, c.N-5.01, s.34; 1998, c.12, s.13; 1998, c.38, s.1; 2000, c.43, s.2; 2005, c.7, s.38; 2006, c.11, s.1; 2017, c.60, s.1; 2023, c.17, s.135
Definitions
3In this Act
“approved parcel identifier” means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;(numéro d’identification approuvé)
“court” means a court of competent jurisdiction, and where it relates to an application herein means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(cour)
“digitally scanned image” means a digitally scanned image of an instrument in a format that has been approved by the Registrar General;(image numérisée)
“disposition” means any instrument made by an owner whereby rights in or over land are affected;(disposition)
“district” means the Province or a portion of the Province established as a land registration district;(circonscription)
“electronic format” means a computerized format of an instrument that has been approved by the Registrar General, but does not include a digitally scanned image of an instrument;(format électronique )
“electronic instrument” means an instrument in electronic format or a digitally scanned image of an instrument, including a plan of a survey or a subdivision plan; (instrument électronique)
“enactment” means an Act or a regulation, by-law or other instrument having the force of law made under authority of an Act;(text législatif)
“encumbrance” includes any registered claim or interest affecting land;(charge)
“grant” means a grant of Crown Lands in fee simple whether direct from Her Majesty or pursuant to an enactment;(concession)
“instrument” means any document for which provision is made under this Act for filing or registration and includes any document issued or made under the authority of an Act of Canada or the Province that is permitted thereby to be filed or registered in a land titles office;(instrument)
“instrument record” means a book, file, micrographic, electronic or other storage means for recording the receipt of instruments at a land titles office;(registre des instruments)
“judge” means a judge of the court;(juge)
“judgment” means an original, or a certified copy of a judgment, order, memorial or certificate issued by any court established by Canada or the Province or pursuant to an enactment;(jugement)
“land” means land, messuages, tenements, hereditaments, uses or usufructs, whether corporeal or incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges or easements appertaining thereto and trees and timber thereon, but except as prescribed does not include mines or minerals;(bien-fonds)
“land surveyor” means a member of the Association of New Brunswick Land Surveyors registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick;(arpenteur-géomètre)
“land titles office” means an office established for the registration of instruments relating to the title to land in a district;(bureau d’enregistrement foncier)
“lease” includes a sub-lease;(bail)
“lessee” includes a sub-lessee;(locataire)
“Minister” Repealed: 1989, c.N-5.01, s.34
“number” when used in relation to the numbers assigned by the Registrar General under sections 25, 26, 26.1 and 27 includes a number and letter combination;(numéro)
“person” includes the Crown in right of Canada or the Province;(personne)
“personal representative” means an administrator duly appointed by The Probate Court of New Brunswick or an executor;(représentant personnel)
“prescribed” Repealed: 2006, c.11, s.1
“prescribed form” means(forme prescrite)
(a) when referring to a document in paper format, a form prescribed by regulation, and
(b) when referring to a document in electronic format, an electronic format approved by the Registrar General;
“record under the Registry Act means to register, record or file in the appropriate registry office pursuant to the Registry Act;(inscrit en vertu de la Loi sur l’enregistrement)
“register” , with respect to(enregistrer)
(a) bringing a parcel under this Act or a transfer, grant or an instrument that by law vests a title to registered land in a person other than the registered owner, but not a mortgage, means entering in or amending the title register in such manner and in accordance with such procedures as may be prescribed for the purpose of recording ownership or changes of ownership of land;
(b) any other instrument, including a mortgage, means entering on the title register, in accordance with such procedures as may be prescribed for the purpose, a memorandum or record of that instrument;
“registered land” means land the title to which is registered under this Act;(bien-fonds enregistré)
“registered owner” means an owner of registered land;(propriétaire enregistré)
“registrar” means a registrar of land titles or a deputy registrar and includes the Registrar General when acting as a registrar;(registrateur)
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of electronic instruments;(souscripteur)
“title register” means a book, file, micrographic, electronic or other storage means whereby or wherein are registered the title to land and instruments relating thereto.(registre des titres)
1982, c.3, s.41; 1983, c.45, s.2; 1986, c.49, s.1; 1987, c.6, s.50; 1989, c.N-5.01, s.34; 1998, c.12, s.13; 1998, c.38, s.1; 2000, c.43, s.2; 2005, c.7, s.38; 2006, c.11, s.1; 2017, c.60, s.1
Definitions
3In this Act
“approved parcel identifier” means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;(numéro d’identification approuvé)
“court” means a court of competent jurisdiction, and where it relates to an application herein means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(cour)
“disposition” means any instrument made by an owner whereby rights in or over land are affected;(disposition)
“district” means the Province or a portion of the Province established as a land registration district;(circonscription)
“electronic instrument” means an instrument in electronic format;(instrument électronique)
“enactment” means an Act or a regulation, by-law or other instrument having the force of law made under authority of an Act;(text législatif)
“encumbrance” includes any registered claim or interest affecting land;(charge)
“grant” means a grant of Crown Lands in fee simple whether direct from Her Majesty or pursuant to an enactment;(concession)
“instrument” means any document for which provision is made under this Act for filing or registration and includes any document issued or made under the authority of an Act of Canada or the Province that is permitted thereby to be filed or registered in a land titles office;(instrument)
“instrument record” means a book, file, micrographic, electronic or other storage means for recording the receipt of instruments at a land titles office;(registre des instruments)
“judge” means a judge of the court;(juge)
“judgment” means an original, or a certified copy of a judgment, order, memorial or certificate issued by any court established by Canada or the Province or pursuant to an enactment;(jugement)
“land” means land, messuages, tenements, hereditaments, uses or usufructs, whether corporeal or incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges or easements appertaining thereto and trees and timber thereon, but except as prescribed does not include mines or minerals;(bien-fonds)
“land titles office” means an office established for the registration of instruments relating to the title to land in a district;(bureau d’enregistrement foncier)
“lease” includes a sub-lease;(bail)
“lessee” includes a sub-lessee;(locataire)
“Minister” Repealed: 1989, c.N-5.01, s.34
“number” when used in relation to the numbers assigned by the Registrar General under sections 25, 26, 26.1 and 27 includes a number and letter combination;(numéro)
“person” includes the Crown in right of Canada or the Province;(personne)
“personal representative” means an administrator duly appointed by The Probate Court of New Brunswick or an executor;(représentant personnel)
“prescribed” Repealed: 2006, c.11, s.1
“prescribed form” means(forme prescrite)
(a) when referring to a document in paper format, a form prescribed by regulation, and
(b) when referring to a document in electronic format, an electronic format approved by the Registrar General;
“record under the Registry Act means to register, record or file in the appropriate registry office pursuant to the Registry Act;(inscrit en vertu de la Loi sur l’enregistrement)
“register” , with respect to(enregistrer)
(a) bringing a parcel under this Act or a transfer, grant or an instrument that by law vests a title to registered land in a person other than the registered owner, but not a mortgage, means entering in or amending the title register in such manner and in accordance with such procedures as may be prescribed for the purpose of recording ownership or changes of ownership of land;
(b) any other instrument, including a mortgage, means entering on the title register, in accordance with such procedures as may be prescribed for the purpose, a memorandum or record of that instrument;
“registered land” means land the title to which is registered under this Act;(bien-fonds enregistré)
“registered owner” means an owner of registered land;(propriétaire enregistré)
“registrar” means a registrar of land titles or a deputy registrar and includes the Registrar General when acting as a registrar;(registrateur)
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of electronic instruments;(souscripteur)
“title register” means a book, file, micrographic, electronic or other storage means whereby or wherein are registered the title to land and instruments relating thereto.(registre des titres)
1982, c.3, s.41; 1983, c.45, s.2; 1986, c.49, s.1; 1987, c.6, s.50; 1989, c.N-5.01, s.34; 1998, c.12, s.13; 1998, c.38, s.1; 2000, c.43, s.2; 2005, c.7, s.38; 2006, c.11, s.1
Definitions
3In this Act
“approved parcel identifier” means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;(numéro d’identification approuvé)
“court” means a court of competent jurisdiction, and where it relates to an application herein means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(cour)
“disposition” means any instrument made by an owner whereby rights in or over land are affected;(disposition)
“district” means the Province or a portion of the Province established as a land registration district;(circonscription)
“electronic instrument” means an instrument in electronic format;(instrument électronique)
“enactment” means an Act or a regulation, by-law or other instrument having the force of law made under authority of an Act;(text législatif)
“encumbrance” includes any registered claim or interest affecting land;(charge)
“grant” means a grant of Crown Lands in fee simple whether direct from Her Majesty or pursuant to an enactment;(concession)
“instrument” means any document for which provision is made under this Act for filing or registration and includes any document issued or made under the authority of an Act of Canada or the Province that is permitted thereby to be filed or registered in a land titles office;(instrument)
“instrument record” means a book, file, micrographic, electronic or other storage means for recording the receipt of instruments at a land titles office;(registre des instruments)
“judge” means a judge of the court;(juge)
“judgment” means an original, or a certified copy of a judgment, order, memorial or certificate issued by any court established by Canada or the Province or pursuant to an enactment;(jugement)
“land” means land, messuages, tenements, hereditaments, uses or usufructs, whether corporeal or incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges or easements appertaining thereto and trees and timber thereon, but except as prescribed does not include mines or minerals;(bien-fonds)
“land titles office” means an office established for the registration of instruments relating to the title to land in a district;(bureau d’enregistrement foncier)
“lease” includes a sub-lease;(bail)
“lessee” includes a sub-lessee;(locataire)
“Minister” Repealed: 1989, c.N-5.01, s.34
“number” when used in relation to the numbers assigned by the Registrar General under sections 25, 26, 26.1 and 27 includes a number and letter combination;(numéro)
“person” includes the Crown in right of Canada or the Province;(personne)
“personal representative” means an administrator duly appointed by The Probate Court of New Brunswick or an executor;(représentant personnel)
“prescribed” Repealed: 2006, c.11, s.1
“prescribed form” means(forme prescrite)
(a) when referring to a document in paper format, a form prescribed by regulation, and
(b) when referring to a document in electronic format, an electronic format approved by the Registrar General;
“record under the Registry Act means to register, record or file in the appropriate registry office pursuant to the Registry Act;(inscrit en vertu de la Loi sur l’enregistrement)
“register” , with respect to(enregistrer)
(a) bringing a parcel under this Act or a transfer, grant or an instrument that by law vests a title to registered land in a person other than the registered owner, but not a mortgage, means entering in or amending the title register in such manner and in accordance with such procedures as may be prescribed for the purpose of recording ownership or changes of ownership of land;
(b) any other instrument, including a mortgage, means entering on the title register, in accordance with such procedures as may be prescribed for the purpose, a memorandum or record of that instrument;
“registered land” means land the title to which is registered under this Act;(bien-fonds enregistré)
“registered owner” means an owner of registered land;(propriétaire enregistré)
“registrar” means a registrar of land titles or a deputy registrar and includes the Registrar General when acting as a registrar;(registrateur)
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of electronic instruments;(souscripteur)
“title register” means a book, file, micrographic, electronic or other storage means whereby or wherein are registered the title to land and instruments relating thereto.(registre des titres)
1982, c.3, s.41; 1983, c.45, s.2; 1986, c.49, s.1; 1987, c.6, s.50; 1989, c.N-5.01, s.34; 1998, c.12, s.13; 1998, c.38, s.1; 2000, c.43, s.2; 2005, c.7, s.38; 2006, c.11, s.1
Definitions
3In this Act
“approved parcel identifier” means, with respect to any parcel of land, the parcel identifier with which the registrar has associated a description under this Act;(numéro d’identification approuvé)
“court” means a court of competent jurisdiction, and where it relates to an application herein means The Court of Queen’s Bench of New Brunswick and includes a judge thereof;(cour)
“disposition” means any instrument made by an owner whereby rights in or over land are affected;(disposition)
“district” means the Province or a portion of the Province established as a land registration district;(circonscription)
“enactment” means an Act or a regulation, by-law or other instrument having the force of law made under authority of an Act;(text législatif)
“encumbrance” includes any registered claim or interest affecting land;(charge)
“grant” means a grant of Crown Lands in fee simple whether direct from Her Majesty or pursuant to an enactment;(concession)
“instrument” means any document for which provision is made under this Act for filing or registration and includes any document issued or made under the authority of an Act of Canada or the Province that is permitted thereby to be filed or registered in a land titles office;(instrument)
“instrument record” means a book, file, micrographic, electronic or other storage means for recording the receipt of instruments at a land titles office;(registre des instruments)
“judge” means a judge of the court;(juge)
“judgment” means an original, or a certified copy of a judgment, order, memorial or certificate issued by any court established by Canada or the Province or pursuant to an enactment;(jugement)
“land” means land, messuages, tenements, hereditaments, uses or usufructs, whether corporeal or incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges or easements appertaining thereto and trees and timber thereon, but except as prescribed does not include mines or minerals;(bien-fonds)
“land titles office” means an office established for the registration of instruments relating to the title to land in a district;(bureau d’enregistrement foncier)
“lease” includes a sub-lease;(bail)
“lessee” includes a sub-lessee;(locataire)
“Minister” Repealed: 1989, c.N-5.01, s.34
“number” when used in relation to the numbers assigned by the Registrar General under sections 25, 26, 26.1 and 27 includes a number and letter combination;(numéro)
“person” includes the Crown in right of Canada or the Province;(personne)
“personal representative” means an administrator duly appointed by The Probate Court of New Brunswick or an executor;(représentant personnel)
“prescribed” means prescribed by regulation;(prescrit)
“record under the Registry Act means to register, record or file in the appropriate registry office pursuant to the Registry Act;(inscrit en vertu de la Loi sur l’enregistrement)
“register” , with respect to(enregistrer)
(a) bringing a parcel under this Act or a transfer, grant or an instrument that by law vests a title to registered land in a person other than the registered owner, but not a mortgage, means entering in or amending the title register in such manner and in accordance with such procedures as may be prescribed for the purpose of recording ownership or changes of ownership of land;
(b) any other instrument, including a mortgage, means entering on the title register, in accordance with such procedures as may be prescribed for the purpose, a memorandum or record of that instrument;
“registered land” means land the title to which is registered under this Act;(bien-fonds enregistré)
“registered owner” means an owner of registered land;(propriétaire enregistré)
“registrar” means a registrar of land titles or a deputy registrar and includes the Registrar General when acting as a registrar;(registrateur)
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
“title register” means a book, file, micrographic, electronic or other storage means whereby or wherein are registered the title to land and instruments relating thereto.(registre des titres)
1982, c.3, s.41; 1983, c.45, s.2; 1986, c.49, s.1; 1987, c.6, s.50; 1989, c.N-5.01, s.34; 1998, c.12, s.13; 1998, c.38, s.1; 2000, c.43, s.2; 2005, c.7, s.38