2024-08 Historical Writ Numbers

Over time, various formats and numbering systems have been used for writs. The current format for writ file numbers is YY-NNNNNNN or LA-NNNNNNN (for Legal Aid liens). Unless a number is in this format, it cannot be searched.

The thumbnail descriptions of some parcel registers contain notations that the property may be subject to a writ that is in a numerical format which cannot be searched. These numbers are historical and can have different formats (e.g. writ numbers 890773, 22935 or 756/91). This bulletin sets out the process for searching historical writ numbers in order to support an Application General to delete the notation.

First, all deleted Transfers on the parcel register should be reviewed to determine whether the source of the notation can be determined (i.e. the Transfer that was made subject to writs, causing the addition of the notation can be determined). If the Transfer that caused the addition of the notation can be located, all names of the Transferors in that Transfer should be searched. If the results are clear, a law statement must be made in the Application General, setting out the source of the notation, the names searched and the number(s) of the resulting clear execution certificate(s). If a writ is found it must be reviewed to determine if it bound the land at the time of the Transfer. If so, it must be cleared in the normal course using an Application To Delete Execution. If not, the law statement in an Application General must state that the writ found did not bind the land at the time of the Transfer. The date of the Transfer and the date the writ first bound the land must be entered into the law statement.

If the source of the notation cannot be determined, which may be the case if the notation was added as part of the automation and conversion process, the following steps must be taken.

The writ number in the notation must be reformatted as follows:

1. Enter the number exactly as it appears in the notation assuming the first two numbers are the year. The system will populate any remaining digits as zeros.
2. If no match is found, search again using the last two digits as the year and the remaining digits as the number. The system will populate any remaining digits as zeros.
3. Where there is a hyphen or slash between two digits and the rest of the number in the notation, assume the two separated digits are the year. Enter the two digits followed by the remaining numbers. The system will populate any remaining digits as zeros.

Examples:

If the writ number is reformatted and searched as set out above and the message "Writ YY-NNNNNNN is expired" or "Writ YY-NNNNNNN is not found", a law statement may be made in an Application General to delete the notation stating that the instrument that caused the notation to be added could not be determined, the number was reformatted and searched as per this bulletin and that the writ was expired or not found.

If a writ is found it must be reviewed to determine if it bound the land at the time of the Transfer. If so, it must be cleared in the normal course. If not, the law statement must state that the writ found did not bind the land at the time of the Transfer. The date of the Transfer and the date the writ first bound the land must be entered into the law statement.

EM200005 is hereby revoked

original signed by

Rebecca Hockridge 
Director of Titles