Policy
When a parcel is migrated under the Land Registration Act, any development agreements or amendments thereto that currently are in effect with relation to the parcel must be shown on the AFR. It is up to the migrating lawyer to determine whether the development agreement constitutes a burden or a recorded interest in the affected parcel(s).
Guideline
On migration of a parcel (burden):
If the lawyer, in his/her professional judgement determines that the development agreement burdens the parcel, the name of the burden holder together with the enabling instrument which gave the burden holder the interest is shown in the burden section of the AFR. In addition, the burden must be included in the parcel description. The development agreement may be referenced by book and page or document number and year, as applicable in the parcel description.
Any amendments to the original agreement that, in the lawyer’s opinion affect the parcel are to be added to both the parcel description and on the AFR also in the burden section.
The instrument type is “Amendment”.
On migration of a parcel (non-burdening):
If the lawyer, in his/her professional judgement determines that the development agreement constitutes a recorded interest on the parcel, the name of the interest holder together with the enabling instrument which gave the interest holder the interest is shown in the recorded interest section of the AFR. The recorded interest is not to be included in the parcel description. If staff see a reference to a development agreement in the description, they will expect to see a corresponding burden on the AFR.
The instrument type is “Agreement re Use of Land”.
Any amendments to the original agreement that, in the lawyer’s opinion affect the parcel are to be added to the AFR in the recorded interest section. The interest holder name and type used on an amendment is the same as shown on the original agreement.
The instrument type is “Amendment”.