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Bulletin information:

Issue Date: December 31, 2009
Legislation: Land Titles Act 

Bulletin content:

Recently, some municipalities have registered transfers from the municipality to itself in an attempt to establish previously obtained lands as public highway. The transfers reference subsection 31(6) of the Municipal Act, 2001 as the authority for establishing the lands as public highway but, the subsection specifically requires that the land be acquired by the municipality for road widening purposes. The Municipal Act, 2001 provides a mechanism to address the creation of a public highway where the property is already owned by the municipality and the resulting document is acceptable for registration in the land titles systems.

Therefore, effective immediately, municipal transfers to itself will not be accepted on lands governed by the Land Titles Act. Any such document that is registered will be withdrawn by the Land Registrar following the procedures of subsection 78(2) of the Land Titles Act and in accordance with Bulletin 2002-01.

Should you have any questions on this matter, please contact your Regional Surveyor.

Original signed by:

Katherine M. Murray, Director of Titles