Acts and Regulations

L-1.1 - Land Titles Act

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Implied covenants in instruments
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.
1982, c.3, s.41; 1983, c.45, s.20; 2006, c.11, s.6
Implied covenant to comply with Act
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.
Implied covenant to transfer or mortgage
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.
Implied covenant by mortgagor to pay
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.
Implied covenant part of instrument
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.
Implied covenant binds jointly and severally
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.
Breach of implied covenant
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.
1982, c.3, s.41; 1983, c.45, s.20; 2006, c.11, s.6
Implied covenant to comply with Act
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.
Implied covenant to transfer or mortgage
54(2)In every transfer and mortgage executed 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.
Implied covenant by mortgagor to pay
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.
Implied covenant part of instrument
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.
Implied covenant binds jointly and severally
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.
Breach of implied covenant
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.
1982, c.3, s.41; 1983, c.45, s.20