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Bulletin information:

Issue Date: May 11, 1984
Legislation: The Land Titles Act and The Registry Act

Bulletin content:

It has come to our attention that certain Land Registry Offices are timing instruments when they are accepted for registration, but are not assigning registration numbers to them until later in the day, when time permits.

Subsection 81(5) of the Land Titles Act provides:-

“… instruments registered in respect of or affecting the same estate or interest in the same parcel of registered land as between themselves rank according to the order in which they are entered in the register and not according to the order in which they were created, notwithstanding any express, implied or constructive notice are entitled to priority according to the time of registration.”

Subsections 44(1) and 44(4) of the Registry Act provide:

  • “(1) Except as provided by subsection (5), all instruments shall be numbered consecutively in order of time of being registered;”
  • “(4)  For the purpose of section 66, priorities shall, subject to subsection (5), be determined in accordance with the respective registration numbers.”

Accordingly, Land Registrars are advised that instruments must be timed and numbered immediately upon being accepted for registration by the registration clerk.

Original signed by:

Richard E. Priddle, Director