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Bulletin information:

Issue Date: May 22, 1989
Legislation: Land Titles Act, Registry Act

Bulletin content:

Under both registration systems, a chargee may include in a cessation of charge a discharge of an assignment of rent (general or specific) or notice thereof.

In order for these assignments or noticed to be deleted from the parcel register or abstract index, the Land Registrar need only ensure that the instrument number of the assignment is correct and that the assignment is in favour of the discharging chargee.

Land Registrars may also delete such assignments or noticed notwithstanding that they are not mentioned in the cessation of charge. The Land Registrar must be satisfied that the cessation of charge in fact operates as either a re-assignment of rents or a discharge thereof and that the assignment or notice is in favour of the discharging chargee, ie. a) the assignment must provide that a discharge of the mortgage acts as a discharge of the assignment or a re-assignment, or b) the assignment must provide that it is collateral to the mortgage. In both cases, the mortgage must be identified by number.

This Bulletin supersedes all previous ruling and rescinds Bulletin 87009. The Land Registrar may apply these rules to deleted assignments and notices collateral to mortgages previously discharged.

Original signed by:

R. Logan, Director of Land Registrations
R. Blomsma, Director of Titles