Purpose of Form:
To confirm, delete and correct the interests, textual qualifications or parcel access type placed in the parcel register(s) as a result of a subdivision, consolidation or condominium unit creation as required by Section 9 of the Land Registration Administration Regulations.
The Form 45 is used by an authorized lawyer to request the removal of benefit, burden or recorded interests and textual qualifications that were placed in the newly created parcel register(s) or parent parcel(s) and that, in the opinion of the authorized lawyer, do not apply to the parcel (See note below regarding the removal of recorded interests with Form 45).
The form must be completed, even if only to confirm that all interests inherited were appropriately added. A Form 45 will also be required solely for the purpose of verifying the parcel access that currently appears in order to comply with the regulations.
Section 9 of the regulations requires that the registrar blank out the parcel access of each parcel created on subdivision (or consolidation), including the remainder parcel. Prior to the implementation of the registrar “blanking out” the access, parcels created on subdivision would inherit the access for the parent parcel. In many instances, the access enjoyed by the parent parcel was not the same as the newly created lots, resulting in an incorrect access being displayed.
For this reason, the registered owner is required to either confirm that the access that currently appears is correct or add or correct the access, as applicable.
Note: A Form 45 cannot be used to attempt to correct an access that was incorrectly placed on an AFR, revision or Form 6A. If a Form 45 is incorrect or incomplete, a second Form 45 cannot be accepted in relation to any of the PIDs included on the initial Form 45.
A Form 6A is required to correct any of the above noted errors.
Removal of Interests Placed in the Parcel Register:
As indicated, the authorized lawyer must on behalf of the registered owner remove any interests or other information that in his/her opinion was placed in the parcel register under subsection 13(5) of the Act or subsection 9(2) of the regulations and does not apply.
It is very important that an authorized lawyer review all interests and other information appearing in the parcel register and not just those with an asterisk. Prior to the asterisk being added, there was no means to differentiate interests added by an authorized lawyer on title registration or a revision of a parcel register from those added on subdivision.
It is also important to note that a Form 45 is not appropriate to remove a mortgage that applied to a parent parcel and would now apply to the newly created lots. As in the past, any lands that were the subject of the mortgage would require a release of the mortgage being obtained from the lender.
Instrument Type: 836
LR or ROD: This document is indexed under the land registration system only.
Mandatory E-Submission Applies: No (E-submission is optional)
Fee Required: No (Note: If a previously recorded Form 45 contained an error, a Form 6A is required to correct the error).
Accompanying Instrument Required: No
Acceptance Criteria for Paper Submitted Form 45:
Correct registration district is provided
Submitter user number and name – required to be the authorized lawyer who is signing the Form 45
Form 45 includes only LR PIDs
Number of PIDs on form does not exceed 9
One of the parcel access options has been selected;
Any form of access that includes 'other', will require a TQ to explain what 'other' means
The submitter must ensure that the parcel access being added does not conflict with any other information that appears in the parcel register:
If “Private” access is added, there must be an easement benefit shown in the benefit section or a textual qualification that explains the private access
If “Private (by prescription)” or “Private (openly used and enjoyed)”is added, there must be an easement benefit in the benefit section that is enabled by statutory declaration(s)
The parcel access being added must not contradict any benefits or TQ’s that appear in the parcel register
Any interests to be removed include the correct name, type and instrument as per the parcel register;
The 'reference to related instrument', must include the document number and year OR the book/page.
If the document number is 'unique', (where a document number is 8 digits or more, a year is not required).
Statement that all other interests or entries are to remain is present on the form
Certificate of legal effect on form is dated and signed
Acceptance Criteria for E- Submitted Form 45:
o Any form of access that includes ‘other’, will require a TQ to explain what ‘other’ means
o The submitter must ensure that the parcel access being added does not conflict with any other information that appears in the parcel register, such as:
§ If “Private” access is added, there must be an easement benefit shown in the benefit section or a textual qualification that explains the private access
§ If “Private (by prescription)” or “Private (openly used and enjoyed)” is added, there must be an easement benefit in the benefit section that is enabled by statutory declaration(s)
§ The parcel access being added must not contradict any benefits or TQ's that will appear in the parcel register
· The reviewed box must be checked once the submitter has selected which interests and/or Textual Qualifications must be removed or has determined that none must be removed;
· A User Reference must be entered
· Certificate of legal effect on form is dated and digitally signed