EM2004-01 Encroachment Agreements
Last revised:
January 6, 2004
Memo to:
All Land Registrars
From:
Kate Murray
Director of Titles
Contents of the memo:
Recently, there have been some questions concerning the registration of Encroachment Agreements and whether or not they are title related. We have taken the position that these agreements are title related documents and should be accepted for registration. A proper legal description is required and it must comply with O.Reg. 43/96.
The requirements for an Encroachment Agreement are set out below.
Land Titles Paper
An application under section 71 of the Land Titles Act is required with Form 16 O.Reg. 690 incorporated in Box 8 of a Document General. The actual agreement must be attached to the Document General. Such an agreement may also be accepted for registration by using the form set out in Appendix “A” of Bulletin 96001, whereby the solicitor must sign the application. In this case the solicitor has the option of not attaching the agreement.
Electronic Registration
A Notice under section 71 of the Land Titles Act with the agreement imported may be used. Alternatively Appendix “A” of Bulletin 96001 whereby the solicitor must sign the document and has the option of not attaching the agreement may also be used.
Registry
An executed copy of the encroachment agreement is attached to a Document General and registered as an agreement.
In all cases it is up to the registrant to indicate in the application which property the agreement or notice is to be registered against.
If you have any questions, please contact Naz Karamat at (416) 314-5098.
Original signed by:
Kate Murray
Copied:
John Dalgliesh, Director, Real Property Registration Branch
Regional Managers
Business Improvement Team
TSSO staff