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This is not an official version. POINT IN TIME |
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| December 6, 2001 to December 12, 2010 |
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Repealed on December 13, 2010
RSNL1990 CHAPTER R-10 REGISTRATION OF DEEDS ACT Amended: 1991 c50; 1995 c13 s14; 1996 cR-10.1 s63; 1997 c3 s23; 1997 c32 s1; 1998 cP-7.1 s82; 2001 cN-3.1 s2 CHAPTER R-10 AN ACT RESPECTING THE REGISTRATION OF DEEDS AND OTHER DOCUMENTS
Short title
1.
This Act may be cited as the Registration of Deeds Act.
Definitions
2.
In this Act
(a)
"instrument" includes deeds and other documents referred to in section 7, excepting judgments; and
(b)
"oath" includes declaration and affirmation. Registry
3.
(1) There shall be a Registry of Deeds for the registration of deeds and other documents for this province.
(2)
The registry shall be situated in
(3)
The registry shall be provided with fireproof safes or vaults for the preservation of records, books, papers, microfilm, microfiche, tapes, negatives, computer software and computer hardware belonging to the registry, and of all deeds and other documents deposited there for registration.
(4)
The reference to "province" in subsection (1) includes the offshore area as defined in the Hibernia Development Project Act
(
RSN1970 c328 s2; 1990 c32 s1; 1991 c50 s5 Registrar of Deeds
4.
(1) The Lieutenant-Governor in Council may appoint an officer called the "Registrar of Deeds".
(2)
Those officers and employees that are necessary for the proper conduct of the work of the registry shall be appointed or employed in the manner authorized by law. Duties of registrar
5.
The officer that the Minister of Justice may name shall perform the duties of the registrar
(a)
where the registrar is absent from
(b)
where the registrar is prevented by illness or other cause from performing his or her duties;
(c)
in the event of a vacancy in the office of the registrar; or
(d)
where the registrar considers it necessary to delegate his or her authority. Protection of registrar
6.
(1) The registrar is not, nor is a person acting under his or her authority, personally liable in an action or proceeding for or in respect of an act or matter done or omitted by him or her in good faith in the exercise or purported exercise of the powers conferred upon the registrar or in the performance of his or her duties under this Act, or for costs in connection with an action or proceeding.
(2)
An action or proceeding may not be brought against the registrar unless the written consent of the Attorney General to the bringing of the action is first obtained. Registration
7.
(1) The registrar shall register in the registry in suitable books or in computer storage and retrieval systems provided for the purpose by the Lieutenant-Governor in Council
(a)
conveyances, mortgages, releases or transfers of mortgages, leases, assignments of leases, bonds and agreements for sale or purchase of land;
(b)
deeds and other assurances by which lands or tenements in the province are granted, conveyed, mortgaged, charged or affected;
(c)
powers of attorney or substitutions of powers of attorney under which documents referred to in paragraphs (a) and (b) are executed;
(d)
judgments of foreclosure and other judgments affecting an interest in or title to land;
(e)
a notice of security interest or discharge within the meaning of the Personal Property Security Act
in the form required by the registrar; and
(f)
other documents in relation to land that the registrar may accept.
(2)
This Act does not apply to
(a)
[Rep. by 1998 cP-7.1 s82
(b)
a mortgage or charge required to be registered under The Industrial and Provident Societies Act.
(3)
The registrar may refuse to register documents referred to in paragraphs (1)(a) to (f) the sheets of which exceed 21.5 centimetres wide by 35.5 centimetres long and which do not have a margin of at least 1.25 centimetres on each side of the sheet on which no written or printed material appears.
(4)
Registration of the documents referred to in subsection (1) in relation to the offshore area shall be effected in accordance with the provisions of this Act.
(5)
In this section "offshore area" means offshore area as defined in theHibernia Development Project Act
(
1990 c32 s2; 1991 c50 s5; 1995 c13 s14; 1998 cP-7.1 s82 Effect of registration
8.
(1) The registration of an instrument under this Act shall constitute notice of the instrument to persons claiming an interest in the lands after the registration, notwithstanding a defect in the proof for registration.
(2)
Notwithstanding subsection (1), it shall be the duty of the registrar not to register an instrument except on the proof that is required by this Act. "Tacking" abolished
9.
A mortgage shall not have priority by reason of being held by or vested in the same person with another of earlier date and registry. Effect of registration
10.
An instrument made after March 27, 1862, and not proved and registered, and a mortgage by deposit of deeds without writing, shall be judged fraudulent and void both at law and in equity, as against a subsequent purchaser or mortgagee for valuable consideration who first registers his or her instrument, or against a trustee of an insolvent estate, or an assignee or trustee under a conveyance for the benefit of the creditors. Registration under a power of attorney
11.
The registration of an instrument executed under a power of attorney is not valid unless
(a)
the power of attorney is registered before the registration of the instrument or within 6 months after the registration; or
(b)
an instrument subsequently confirming the execution of the 1st instrument is registered within 6 months after the registration of that 1st instrument. Instruments of companies
12.
An instrument to which an extra-provincial corporation, within the meaning of the Corporations Act,
is a party shall not be registered unless the corporation is registered under that Act or the instrument is accompanied by a solicitor's declaration that the corporation is not carrying on business in the province. Proof for registration
13.
An instrument shall, before registration, be proved either
(a)
by the acknowledgment, under oath, by the parties executing the instrument, from whom an interest passes, of the execution of it; or
(b)
by the oath of a signing witness to the instrument, that the parties to it, from whom an interest passes, executed the instrument in his or her presence. Acknowledgments in the province
14.
The acknowledgment referred to in section 13 may be taken or oath administered within the province by
(a)
the Registrar of Deeds;
(b)
a judge of the Court of Appeal or the Trial Division;
(c)
an officer appointed under this Act;
(d)
a commissioner of the Supreme Court;
(e)
a justice of the peace;
(f)
a notary public under his or her official seal;
(g)
a commissioner for oaths in and for the province. RSN1970 c328 s12; 1978 c69 s4; 1986 c42 Sch B Out of province acknowledgments
15.
The acknowledgment referred to in section 13 may be taken or oath administered outside the province by
(a)
a judge of a court of record under the seal of that court;
(b)
the mayor or chief provincial court judge of a city or town, under the seal of that city or town;
(c)
a notary public, under his or her official seal;
(d)
a Canadian consul or vice-consul;
(e)
a commissioner of the Supreme Court of Newfoundland and
(f)
a commissioner for oaths outside the province;
(g)
a commissioner of oaths appointed under the laws of the province in which the acknowledgment is taken or oath is administered, and it shall be unnecessary to prove or certify the seal or signature of the court, judge, mayor, chief provincial court judge, notary public, consul, vice-consul, or commissioner, attached, appended or subscribed to the acknowledgment, oath or affidavit. RSN1970 c328 s13; 1977 c105 s2; 2001 cN-3.1 s2 Certificate
16.
(1) Where an instrument is proved by acknowledgment, the person taking the acknowledgment shall sign a certificate, endorsed upon or attached to the instrument, of the acknowledgment having been made, and the certificate shall be registered, together with the instrument.
(2)
Where an instrument is proved by the oath of a signing witness, the person taking the oath may sign an affidavit or the person administering the oath may sign a certificate of the oath having been administered, and the affidavit or certificate shall be endorsed upon or securely attached to the instrument and shall be registered with it. Execution
17.
Notwithstanding section 13, where an instrument is executed
(a)
in the province in the presence of a person referred to in section 14; or
(b)
outside of the province in the presence of a person referred to in section 15, and where that person signs the instrument as witness and
(c)
sets out immediately after his or her signature as witness the capacity in which the person signs and, where required by section 14 or 15, attaches his or her seal near the signature; or
(d)
without complying with paragraph (c), signs a certificate, endorsed upon or attached to the instrument, that the instrument was executed in his or her presence, and sets out immediately after the signature to the certificate the capacity in which he or she signs and, where required by section 14 or 15, attaches his or her seal near the signature, no further proof of the execution of the instrument is required. Execution to be proved
18.
Where an instrument is executed by more than 1 person, the execution by each person from whom an interest passes shall be proved, and proofs shall be registered. Proof where witness dead
19.
Where the witness to the execution of an instrument, and the parties to it are dead or mentally incompetent, whether so found on an inquiry or not, or are incapable of proving the instrument, or where the place of residence of the witnesses and parties is unknown, the registrar shall register the instrument upon receiving satisfactory proof upon oath
(a)
of the death, mental incompetence, or incapacity, or of the fact that the place of residence is unknown; and
(b)
of the handwriting of the signing witness to the execution of the instrument or of the parties to it. Compelling witnesses
20.
(1) Where
(a)
a witness to an instrument, or a party executing the instrument, after tender of those fees that are paid to a witness attending a trial, refuses to attend for the purpose of proving the execution of it before a person before whom proof may be given; or
(b)
a person having possession of an instrument required to be registered refuses to produce it in order that it may be registered, a person claiming to be interested in having the instrument registered may take out an originating application, returnable before a judge of the Trial Division, for an order directing the attendance of the witness, or the party or the production of the instrument and the judge may hear and determine the application in a summary manner, and make an order for the attendance of the witness, or the party or the production of the instrument or may dismiss the application, with costs, at his or her discretion.
(2)
Disobedience to an order made under subsection (1) may be punished as a contempt of court.
(3)
A person shall not, on the application, be compelled to produce an instrument that he or she would not be compelled to produce on a trial. RSN1970 c328 s18; 1974 No57 s38(264(ff)); 1986 c42 Sch A Appeal
21.
A person claiming to be interested in having an instrument registered, and being dissatisfied with the decision of the registrar as to the sufficiency of the proof of it, or as to the fee payable on it, may take out an originating application, returnable before a judge of the Trial Division, for an order that the instrument be registered, and the judge may hear and determine the application in a summary manner, and make an order directing the registration of the instrument, or may dismiss the application, with costs at his or her discretion. RSN1970 c328 s19; 1974 No57 s38(264(ff)); 1986 c42 Sch A Proof of judgments
22.
A judgment shall be proved by a copy certified by the Registrar of the Supreme Court, under the seal of the court. Books and computer registry
23.
(1) The registrar shall keep in the registry books in which, with respect to every deed and other document deposited for registration prior to
(a)
the time and date of deposit for registration;
(b)
the name of the person who deposited the deed or document;
(c)
the situation of the property;
(d)
the character and date of the deed or document;
(e)
the person to whom the deed or document was returned;
(f)
the date of the return;
(g)
where applicable, the parties to and consideration in a document or instrument; and
(h)
where applicable, the name of the plaintiff and defendant.
(2)
The registrar shall keep in the registry a computer storage and retrieval system in which, with respect to every deed and document deposited for registration after
(a)
the time and date of deposit for registration;
(b)
the name of the person depositing the deed or document;
(c)
the situation of the property;
(d)
the character and date of the deed or document;
(e)
the person to whom the deed or document was returned;
(f)
the date of return;
(g)
where applicable, the parties to and consideration in the deed or document; and
(h)
in the case of judgments, the name of the plaintiff and the defendant.
(3)
Records maintained and kept under paragraphs (2)(a), (b), (c), (d) and (f) may, in the discretion of the registrar, be kept and recorded on other than a computer storage and retrieval system.
(4)
Notwithstanding subsection (1), every deed and document deposited for registration prior to
(5)
Where the registrar considers it necessary, the computer storage and retrieval system referred to in this Act may index with abbreviated forms of names, parties, situations, addresses and the character or nature of the documents. Effective time of registration
24.
(1) A deed or other document submitted for registration is considered to be registered when it is delivered, either personally or by letter, and received at the registry provided that it
(a)
is executed by all persons from whom an interest passes;
(b)
has attached to it the proper proof; and
(c)
is accompanied by the proper fee for registration of that deed or document.
(2)
Where a deed or other document is considered to be registered under subsection (1), no person shall alter that deed or other document. Documents to be stamped
25.
(1) A deed and other document deposited for registration at the time it is deposited, shall be stamped with a facsimile of the registrar's signature and the following information shall also be entered on the stamp:
(a)
the time of registration of the document;
(b)
the number of the roll on which the deed or document may be found on the computer storage and retrieval system; and
(c)
the number of the frames used on that roll to record the deed or document.
(2)
A deed or document stamped in accordance with subsection (1) is receivable as evidence as proof of registration and of the time of registration. Registration of plans
26.
(1) A person who wishes to register a deed or other document with a plan attached to that deed or document may furnish a copy of that plan and that plan shall be registered as a part of that deed or document.
(2)
The registrar may refuse to register a copy of a plan under subsection (1) where that copy exceeds 21.6 centimetres wide by 35.6 centimetres long.
(3)
A person who develops a land assembly or subdivision for which a survey of the plan exists, or who deposits a deed or document which refers to a plan of an area in which the subject property of that deed or document is included shall furnish to the registrar a copy of that plan for filing in the master plan file.
(4)
The registrar may determine that no further plan is required and as a result exempt a person from compliance with subsection (3). Documents to be copied
27.
All documents submitted for registration in accordance with section 24 shall be completely copied or reproduced by photographic, electronic, mechanical, chemical or other process. Documents checked
28.
Where a number of documents, as determined by the registrar, have been recorded in accordance with subsection 23(2), those recorded images shall be checked against the original images and the registrar shall sign a certificate to certify that those recorded images are true copies of the documents deposited for registration. Indexes
29.
The registrar shall keep a double index to the books of registry of all documents or deeds deposited before
(a)
the parties;
(b)
the situation of the property;
(c)
the character and date of each document or deed; and
(d)
the consideration indicated on each document or deed, and in the case of judgments
(e)
the name of the plaintiff;
(f)
the name of the defendant;
(g)
the situation of the property; and
(h)
the date of the judgment. Maintenance of bound volumes
30.
Bound volumes of documents deposited for registration before
Unbinding of registry books
31.
(1) For the purpose of making a reproduction in facsimile of a deed or other document deposited for registration before July 1, 1984 in the registry or of the books of registry, the registrar may remove the binding and separate the pages but as soon as the reproduction is made, he or she shall restore a deed, other document or book as nearly as possible to its original condition.
(2)
The validity of a deed, other document or book, the binding of which has been removed or the pages of which have been separated under subsection (1) shall not be considered to have been affected by the removal of the binding or the separation of the pages. Reproduction of a deed
32.
The reproduction in facsimile of a deed, other document or book made under section 23 has the same effect, and this Act shall apply to the reproduction, as if the reproduction were a transcript of the original, but where a book of the registry is so reproduced the original book shall nevertheless be carefully preserved. RSN1970 c328 s30; 1978 c35 s20; 1990 c32 s5 Release of mortgage noted
33.
(1) Where a property which has been subject to a mortgage deposited for registration before July 1, 1984 is released from that mortgage there shall be noted on the margin of the page containing the copy of that mortgage the fact that the property has been released, with a reference to the page and volume or frame and roll containing that release.
(2)
There shall be noted on the page or frame containing a copy of a release of mortgage, a reference to the page and volume or frame and roll containing the mortgage. Interest not affected
34.
(1) Subject to section 50 of the Personal Property Security Act
, a person contracting or dealing with or taking or proposing to take a transfer of or an interest in land is not affected by a registration under the Personal Property Security Act
, whether or not the person has notice of knowledge of the registration.
(2)
The fact that a person referred to in subsection (1) has knowledge of a registration under the Personal Property Security Act
, or that the person could have obtained that knowledge is not evidence of fraud for the purpose of section 10. Old deeds registered free
35.
A person who holds a deed, will, conveyance or other assurance affecting lands or tenements in this province, executed before the fire in St. John's on June 9, 1846, by which several volumes of the Registry of Deeds for the central district were destroyed, and which had been registered in the volumes so destroyed, may present the deed, will, conveyance or other assurance to the registrar, who shall register it free of charge. Certified searches and copies
36.
(1) The registrar shall, when requested in writing for the purposes of the Quieting of Titles Act,
make searches and furnish copies of all deeds and other documents registered in the registry.
(2)
The registrar shall, when requested in writing, provide certified copies and extracts of deeds and documents which shall be signed by the registrar.
(3)
The registrar may charge fees for
(a)
providing a certified search under subsection (1);
(b)
providing a certified copy under subsection (2); and
(c)
the copying of documents under this section.
(4)
The registrar shall not allow books, computer software or computer hardware to be taken out of his or her custody. Searches
37.
(1) Where a person requires a certificated search to be made for the purposes of section 36, that person may deliver in the office a requisition in the prescribed form.
(2)
The registrar shall make the search required, and shall make and file in the office a certificate in the prescribed form setting out the result of it, and office copies of the certificate shall be issued, and shall be evidence of the certificate.
(3)
A requisition under this section shall be in writing, signed by the person making the requisition, specifying the name against which that person desires a search be made or in relation to which he or she requires a certified copy and other sufficient particulars.
(4)
A person making a requisition under subsection 36(1) shall not be entitled to a search until that person has satisfied the registrar that the search is required for the purposes of the Quieting of Titles Act.
(5)
A person making a requisition under subsection 36(2) shall not be entitled to a certified copy until that person has satisfied the registrar that the certified copy is required
(a)
for the purposes of the Quieting of Titles Act;
or
(b)
on behalf of a purchaser, lessee, mortgagee or an intending purchaser, lessee, mortgagee or other person who for valuable consideration takes or deals in property.
(6)
Where the registrar commits or is a party to an act of fraud or collusion, or is wilfully negligent in the making of or otherwise in relation to a certificate or office copy under this section, the registrar is guilty of a misdemeanour.
(7)
Where a solicitor obtains an office copy certificate of the result of a search under this section, the solicitor shall not be answerable in respect of a loss that may arise from error in the certificate.
(8)
During the regular office hours of the registry, a person may on filling out a requisition form indicating with reasonable certainty the object of search and on payment of the prescribed fee, inspect the books, documents, microfiche, microfilm and the computer storage and retrieval system in the registry relating to his or her stated object.
(9)
The registrar may require a person before entering the place where the books, records and the computer storage and retrieval system are kept to deposit at a place outside pens or writing or marking instruments containing ink or moist or indelible colours, and to declare that he or she does not take in a writing or marking instrument except a soft black-lead pencil the marks of which may be readily erased.
(10)
A person, not being a member of the Law Society of Newfoundland, who acts as a professional searcher, is required to obtain a certificate of approval from the Attorney General before being allowed to have free access to the books, records, microfiche, microfilm and the computer storage and retrieval system and the Attorney General may withdraw the certificate of approval in his or her discretion.
(11)
The Attorney General may before approving a professional searcher require him or her to sign an undertaking that the searcher will not, having requisitioned a search, take the opportunity to make a search into matters not connected with the object mentioned in the requisition and may require the professional searcher to sign a declaration that he or she has not in fact, since being approved or since his or her last declaration, made a search not covered by a requisition and search fee.
(12)
In the case of generalized searches by a professional searcher, where his or her object is to obtain lists of persons rather than to search in respect of known parties, the registrar, with the approval of the Attorney General, may fix a lump sum to be paid monthly, quarterly or yearly, instead of the fees prescribed for searches, by a professional searcher to cover searches made by him or her in the registry.
(13)
The registrar may prohibit a person
(a)
who has not exercised or who is not exercising due care in the handling of books and indexes of the registry while making a search;
(b)
who does not replace books which the person has removed from the shelves of the registry back in their proper places on the shelves when finished his or her examination of the books;
(c)
who has not exercised or who is not exercising care in the handling and use of microfiche, microfilm and computer hardware or components and accessories associated with the computer storage and retrieval system;
(d)
who does not replace in their proper location microfiche, microfilm cassettes or other computer hardware associated with the computer storage and retrieval system when he or she has completed his or her use of the computer storage and retrieval system;
(e)
who fails to comply with a requirement made by the registrar under subsection (9);
(f)
who smokes in the vault of the registry; or
(g)
who otherwise fails to comply with the reasonable requirements of the registrar, from searching in the registry for a period of time that the registrar may determine, but the person may have the prohibition removed upon his or her written undertaking to comply with the terms and conditions that the registrar may prescribe. RSN1970 c328 s36; 1971 No14 s2; 1971 No18 s2; 1973 No84 s3; 1978 c69 s5; 1990 c32 s8 Proof of value of property
38.
(1) The registrar may, in the case of deeds of gift or where he or she may consider it advisable, require proof to be made on oath of the value of property comprised in an instrument.
(2)
The proof may be made before a person before whom a deed may be proved under sections 14 and 15.
(3)
In determining the value of a property, the value of buildings attached to the land shall be included and the value of the property shall be calculated at the time the property is conveyed or transferred unless otherwise excepted by the regulations.
(4)
Where the registrar is not satisfied with the proof of value submitted with an instrument under subsection (1), the registrar may require the person submitting the instrument for registration to produce a photographic copy of the records of a municipality or a report of a qualified appraiser, supporting the valuation. RSN1970 c328 s38; 1990 c32 s11 Fees
39.
(1) The minister may set fees to be collected by the registrar for the purpose of this Act.
(2)
An instrument, deed or other document shall not be registered until the proper fee is paid.
(3)
A fee is not payable on the registration of an instrument, deed or other document by or on behalf of the Crown. Forms
40.
The forms in the Schedule to this Act, or forms of similar effect approved by the registrar, may be used for the purpose of this Act. Schedule Requisition for Search
To the Registrar of Deeds,
Under section 37 of the Registration of Deeds Act
, search for deeds and other documents (or as the case may be
) registered in your office during the period from
.., to
.., both inclusive, in the following name or names:
I declare that the above mentioned search is required for the purpose of an application under the Quieting of Titles Act
.
I desire that an office copy of the certificate be made and sent to my address.
Dated at
.., this
.. day of
. Signature, address and description Certificate of Search
This is to certify that a search has been diligently made in the Registry of Deeds for deeds and other documents (or as the case may be) in the name of
.., for the period from
.. to
, both inclusive, and no deed or other document has been registered in the Registry of Deeds in that name during that period, (or that except the
, described in the particulars to this certificate, no deed or other document has been registered in that name during that period).
Particulars:
Dated the
.. day of
.. . Requisition for Copies
Under section 37 of the Registration of Deeds Act
, certify as true copies deeds and documents as follows:
I declare that the above mentioned copies are required for
..
I desire that the certified copies be made and sent to my address.
Dated at
..
.. this
. day of
.
.., 19
. . Signature, address. 1990 c32 s13 ©Earl G. Tucker, Queen's Printer |