This Div is a JS Trigger
Issue 56 | March 2019

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Reminder when recording judgments under the Land Registration Act

The removal and renewal of judgments recorded in the land registry pursuant to the Land Registration Act is discussed in Section 66(4) of the LRA. As you know, a recorded judgment can be renewed provided it is not otherwise removed. Subsection 66(4)(e) provides a limitation on the renewal of the recording as follows:

66(4) A judgment shall be removed from the roll on … (e) the expiration of five years from the date of the judgment or the date of the recording of the latest renewal of the judgment.

This means that the ability to renew the first recording expires five years from the date of the judgment and not the date of the first recording. If you wait until five years from the first recording, you will not be able to renew the judgment. Your file for the first renewal should be diarized based on the original date of the judgment. Subsequent renewals are based on the prior renewal date.

previous