2025-04 Dealings with Part Interest
Background
It has come to the Land Registry Office’s attention that a considerable number of errors are being made as a result of the improper use of Statement 12.
Statement 12 currently reads:
This transaction deals with [% or fraction of property] interest in the property.
It was intended that this statement only be used when an owner/chargor is transferring or charging part of their interest. For example, if the owner of a 50% interest in a property is transferring their whole 50% interest, Statement 12 would not be used. If the owner of a 50% interest is transferring 50% of that interest, Statement 12 would be used, and the amount entered would be 25% (being expressed as the percentage or fraction of the whole property being transferred).
The improper use of Statement 12 has increased returns for corrections and, in some instances, has resulted in transferring or charging an incorrect share.
Accordingly, effective July 14, 2025, the following changes will be made in Teraview to Statement 12 and related statements:
Amendments to Statement 12 – Transfer of Part Interest in Property
Statement 12 has been revised as follows and will be available for the following document types, Transfer, Transfer by Partnership and Transfer by Religious Organization.
12 This transferor is the registered owner of a % or fraction interest in the property. This instrument conveys a % or fraction interest in the property and this transferor retains a % or fraction interest in the property.
Statement 12 is mandatory if the transferor is retaining an interest in the property. Statement 12 is optional, but not mandatory, if the transferor is conveying their entire interest. The % or fraction entered should be expressed as a % or fraction of the whole. The % or fraction interest entered into the first sentence must match the % or fraction owned by that transferor as expressed on the parcel register at the time of registration.
Statement 12 is removed from Charge document type and is being replaced by the statement below for Charges, Charge by Partnership and Charge by Religious Organization.
66 This chargor is the registered owner of a % or fraction interest in the property. This instrument charges a % or fraction interest in the property and does not charge the chargor’s remaining % or fraction interest.
Statement 12 is removed from the following document types: Survivorship Application – Land and Notice of Charge of Lease.
It has been determined that Statement 12 is not appropriate for these document types.
Amendments to Statement 3647 - Transfer of Part Interest to Co-Owner
Statement 3647 also relates to a part interest in a property. The original statement has been revised from “A % or fraction of property portion of my total interest to co-owner”. The new statement will read:
3647 This transferor is the registered owner of a % or fraction interest in the property. This instrument conveys a % or fraction interest in the property to a co-owner(s). The transferor retains a % or fraction interest in the property.
Statement 3647 is used to indicate that a part interest is being transferred to a person/entity already on title. If Statement 3647 is not used in these circumstances, it will result in the name of the transferee being entered into the “Owner’s Names” field multiple times.
If any of the above statements are in a Work In Progress document(s) before July 14, 2025, and any of the above statements are selected, they will need to be selected again and the document re-signed before the document can be registered. Documents that have been returned for correction will also have to be re-signed.
This change does not affect documents with statements 12 and 3647, receipted before or on July 11, 2025, and that are resubmitted after the release date.
The Electronic Registration Procedures Guide is hereby deemed to be immediately updated to include all these changes.
Original signed by
Rebecca Hockridge
Director of Titles