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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
[Act administered by the Ministry of Attorney General]
1. A person claiming to be the owner of an estate in fee simple in land or any trustee for the sale of the fee simple is entitled, whether he has the legal estate or not, and whether his title is subject or not to any charges or encumbrances, on petition to the Supreme Court, to have his title judicially investigated and its validity ascertained and declared by the court.
Historical Note(s): RS1960-327-2.
2. Any person who has an estate or interest in land in the Province may also apply to the court for the investigation of his title and a declaration of its validity; but the court may grant or refuse the application for the investigation at any stage of the proceedings, subject to appeal like any other decision.
Historical Note(s): RS1960-327-3.
3. The Attorney General may apply, under this Act, for an investigation of the title of the Crown to any land in the Province, and for a declaration of its validity. The application may be made by information instead of petition, but in other respects, the practice and procedure on the application shall be the same as in ordinary cases under this Act.
Historical Note(s): RS1960-327-4.
4. The application shall be made to the Supreme Court, and, subject to the preceding section, shall be by petition and shall be supported by the following particulars:
(a) the title deeds, if any, and certificates of title and evidences of title relating to the land that are in the possession or power of the applicant;
(b) a certified copy of all recorded instruments affecting the land, or of all since the last judicial declaration, if any, under this Act was given, up to the time of the registering of the certificate of filing the petition as provided for by section 7;
(c) a certificate of the Registrar of Titles as to any charges, liens, judgments or lis pendens which have been registered in his office against the land;
(d) a concise statement of the facts, which do not appear in the produced documents, as are necessary to make out the title;
(e) proof of any facts which are required to be proved in order to make out the title, and which are not established by the other produced documents, unless the court dispenses with the proof until a future stage of the investigation;
(f) an affidavit by the person whose title is to be investigated, and a certificate of one of his counsel to the effect later mentioned in this Act, unless the court sees fit to dispense with them;
(g) a schedule of the particulars produced under this section.
Historical Note(s): RS1960-327-5.
5. (1) The affidavit of the person whose title is to be investigated shall state that to the best of his knowledge and belief he is the owner of the estate or interest which is claimed by the petition, subject only to any charges and encumbrances set out in the petition or in the schedule, or that there is no charge or encumbrance affecting the land; that the deeds and evidence of title which he produces, and of which a list is contained in the schedule produced under the preceding section, are all the title deeds and evidence of title relating to the land that are in his possession or power, and that he is not aware of the existence of any claim adverse to or inconsistent with his own to any part of the land or to any interest in it, or if he is aware of an adverse claim, he shall set it out, and depose that he is not aware of any others. The affidavit shall also state whether any one is in possession of the land, and under what claim, right or title, and shall state that to the best of the deponent's knowledge, information and belief the affidavit, and the other papers produced with it, fully and fairly disclose all facts material to the title claimed by the petitioner, and all contracts and dealings which affect it or any part of it, or give any right as against the applicant.
(2) The affidavit may be dispensed with or made by some other person instead of the person whose title is to be investigated, or partly by one person and partly by another, at the discretion of the court, and in that case the affidavit shall be modified accordingly.
Historical Note(s): RS1960-327-6.
6. The certificate of counsel shall state that he has investigated the title and believes the party to be the owner of the estate which the petition claims in the land in question, subject only to any charges or encumbrances that may be set out in the schedule to the petition or that he so believes, subject to any condition, qualification or exemption to be set forth in the certificate; and that he has conferred with the deponent on the subject of the various matters set out in the affidavit referred to in the 2 preceding sections, and believes the affidavit to be true.
Historical Note(s): RS1960-327-7.
7. A certificate by the registrar of the court, showing that the petition has been filed, shall be registered in the land title office of the land title district in which the land in respect of which the petition is filed is situate.
Historical Note(s): RS1960-327-8; 1978-25-333,334.
8. The court in investigating the title may receive and act on any evidence that is receivable by the Supreme Court on a question of title, and any evidence which the practice of English conveyancers authorizes to be received on the investigation of a title out of court; or any other evidence, whether the same is or is not receivable or sufficient in point of strict law, or according to the practice of English conveyancers, provided it satisfies the court of the truth of the facts intended to be made out by it.
Historical Note(s): RS1960-327-9.
9. The proof required may be by or in the form of affidavits or certificates, or may be given orally, or may be in any other manner or form that is satisfactory to the court.
Historical Note(s): RS1960-327-10.
10. Before a declaration of title is granted, satisfactory evidence shall be given by certificate, affidavit or otherwise
(a) that a copy of the petition and supporting documents have been served on the Attorney General not less than 4 weeks
(i) before the commencement of the judicial investigation under section 1; or
(ii) before the hearing of the application under section 2, as the case may be; and
(b) that all taxes, rates and assessments for which the land is liable have been paid, or that all except those for the current year have been paid.
Historical Note(s): RS1960-327-11; 1963-42-20; 1966-45-19.
11. If the court is not satisfied with the evidence of title produced in the first instance, it shall give a reasonable opportunity of producing further evidence, or of removing defects in the evidence produced.
Historical Note(s): RS1960-327-12.
12. Before giving a declaration of title under this Act, the court shall direct to be published in the Gazette, and, if it sees fit, in any other newspaper, in the form and for the period the court thinks expedient, a notice of the application having been made and of the order or decision of the court. The declaration of title shall not be signed or executed until after the expiration of at least 4 weeks from the first publication of the notice, or such other period as the court may appoint.
Historical Note(s): RS1960-327-13.
13. Where the court is satisfied respecting the title and considers that a declaration of title under this Act can safely be granted without any other notice of application than the published notice so required, it shall grant the declaration of title accordingly.
Historical Note(s): RS1960-327-14.
14. Where there appears to exist any claim adverse to or inconsistent with that of the petitioner to or in respect of any part of the land, the court shall direct the notice it considers necessary to be mailed to or served on the adverse claimant or his solicitor.
Historical Note(s): RS1960-327-15.
15. In all cases the court may require further publication to take place, or other notice to be mailed or served that it considers necessary before granting the certificate.
Historical Note(s): RS1960-327-16.
16. A person having an adverse claim or a claim not recognized in the applicant's petition, may, at any time before the declaration of title is granted, file a short statement of his claim, verified by an affidavit to be filed with it, and notice of filing shall be served on the petitioner or his solicitor.
Historical Note(s): RS1960-327-17.
17. In case of a contest, the court may either decide the question of title on the evidence before it or may direct any issue of fact to be tried by a jury or may refer any matter to a mode of investigation which is usual in other cases or which it deems expedient, and may defer granting the declaration until afterwards, as the circumstances of each case render just or expedient.
Historical Note(s): RS1960-327-18.
18. The court may, at any stage of the proceedings, order security for costs to be given by the petitioner or by any person making any adverse claim.
Historical Note(s): RS1960-327-19.
19. The court may order costs either as between party and party or as between solicitor and client, to be paid by or to any person party to a proceeding under this Act, and may give directions as to the fund out of which any costs shall be paid.
Historical Note(s): RS1960-327-20.
20. The petitioner may by leave of the court withdraw his application at any time before final adjudication, on payment of all costs incurred in the investigation, either by himself or by any adverse claimant.
Historical Note(s): RS1960-327-21.
21. In order to expedite investigations, but subject to the Rules of Court, the court, if it sees fit, may refer a petition presented under this Act to a Registrar of Titles, or to an officer of the court, or to counsel named by the court. In that case that referee shall proceed as the court should do under this Act had the reference not been made, and has the same powers. The court may also refer any title to counsel named by the court for a preliminary report or examination, and may call for the assistance of counsel in any other way and for any other purpose that may tend to the dispatch of business under this Act.
Historical Note(s): RS1960-327-22.
22. Every claim of title under this Act shall be presumed to be subject to the conditions, exceptions and reservations enumerated or referred to in section 23 (1) (a) to (k) of the Land Title Act.
Historical Note(s): RS1960-327-23; 1978-25-335.
23. (1) The declaration of title under this Act shall be in the form given in the Schedule, and shall be under the seal of the court, and shall be signed by one of the judges and by a district registrar of the Supreme Court, and it and any schedule to it, or a duplicate or counterpart of it, shall be deposited in the Supreme Court.
(2) The judge may give one declaration of title, comprising all the land mentioned in the petition, or may give separate declarations as to title of separate parts of the land.
Historical Note(s): RS1960-327-24.
24. Where a petition is filed under this Act, no objection to it shall be allowed on the ground that the petitioner should first have brought an action. If it appears on the determination of the investigation that the petitioner is entitled to the possession of the land the title to which is sought to be quieted under this Act, he may obtain an order against the respondent for the delivery of possession, and writs of execution shall issue accordingly.
Historical Note(s): RS1960-327-25.
25. Proceedings under this Act shall not abate or be suspended by any death or transmission or change of interest, but in such event the court may require notices to be given to persons becoming interested, or may make any order for discontinuing, suspending or carrying on the proceedings, or otherwise as may be just.
Historical Note(s): RS1960-327-26.
26. No petition, order, affidavit, declaration, registration or other proceeding under this Act is invalid by reason of any informality or technical irregularity or of any mistake not affecting the substantial justice of the proceeding.
Historical Note(s): RS1960-327-27.
27. (1) The declaration of title, or a duplicate or counterpart of it, shall be deposited for registration in the land title office of the land title district in which the land in respect of which the declaration of title is given is situate, accompanied by an application for registration and on receiving the application, the registrar shall register the indefeasible title to the land in the name of the owner as declared in the declaration.
(2) The declaration of title, when sealed, signed and registered, is conclusive, and the title declared in it shall be deemed and taken to be the true and correct title from the day of the date of the declaration, as regards Her Majesty and all other persons, subject only to charges or encumbrances, conditions, exceptions and reservations mentioned or referred to in it, or in its schedule, and is conclusive evidence that every application, notice, publication, proceeding, consent and act which ought to have been made, given and done previously to the granting of the declaration has been made, given and done by the proper parties.
Historical Note(s): RS1960-327-28; 1978-25-333,334; 1982-60-109, proclaimed effective August 1, 1983.
28. After a declaration of title is registered, a copy of the declaration, purporting to be signed and certified as a copy by the Registrar of Titles, and given under his official seal, is admissible evidence of the declaration for all purposes, without further evidence of the copy, and without accounting for the nonproduction of the declaration.
Historical Note(s): RS1960-327-29.
29. If in the course of any proceeding before the court under this Act any person acting either as principal or agent knowingly and with intent to deceive makes or assists or joins in or is privy to the making of, any material false statement or representation, or suppresses, conceals or assists or joins in or is privy to the suppression, withholding or concealing from the court of any material document, fact or matter of information, any order or declaration of title obtained by means of such fraud or falsehood is null and void for or against all persons other than a purchaser for valuable consideration without notice, and no proceeding or conviction under this section shall affect any remedy which any person aggrieved by the contravention may be entitled to against the person who has committed the same.
Historical Note(s): RS1960-327-30.
31. The Lieutenant Governor in Council may make rules not inconsistent with this Act, to be styled "Rules of Court", for carrying this Act into effect, and for regulating the practice of the court and forms of proceedings, and the fees payable.
Historical Note(s): RS1960-327-32.
32. This Act shall be construed and carried out to facilitate, as much as possible, the obtaining of perfect titles by the owners of estates in land, through the simplest machinery, at the smallest expense and in the shortest time, consistent with reasonable prudence in reference to the rights or claims of other persons.
Historical Note(s): RS1960-327-33.
Declaration of Title
Land Title Inquiry Act
These are to certify, under the authority of the Land Title Inquiry Act, that A.B. is the legal and beneficial owner in fee simple in possession [or as the case may be] of all, etc. [here describe the property], subject to the conditions, exceptions and reservations enumerated or referred to in section 23 (1) (a) to (k), of the Land Title Act, and to [specifying either by reference to a schedule or otherwise any of the charges or encumbrances, exceptions or qualifications to which the title of A.B. is subject], but free from all other rights, interests, claims and demands whatsoever.
In witness whereof __________________________, the Chief Justice of the Supreme Court [or one of the justices of the court], has hereunto set his hand, and the seal of the Supreme Court has been hereunto affixed, _________ [month, day], 19__.
____________________
[l.s.]
__________________________________
District Registrar
Historical Note(s): RS1960-327-Sch.; 1978-25-335.
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