Real Estate
Removal
When auditing a Removal, some of the transaction types reviewed include releases of mortgages and the use of Form 45s that remove certain inapplicable inherited interests on infant parcels.
Statistics
During year one of the program, Removals were audited on 29 different PIDs and mistakes were found on 5 PIDs (17%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
The lawyer must ensure the information submitted to the Land Registry Office is accurate, and should confirm that the lawyer has correctly identified interest holders and used the correct PID numbers.
Obligation
Section 5 of the Regulations states:
Document submission requirements
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(2) - The submitter is responsible for the accuracy of all of the information required under subsection (1) and a registrar is entitled to rely on the information submitted in processing a document for registration or recording.
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Fixes
To fix an error in a removal document, the form you use will depend on when the document you are trying to remove was recorded. If the release you are trying to correct was filed before May 4, 2009 – when the regulations were amended – you may use a Form 49 because a certificate of legal effect was not contained in a removal document prior to that date (See Regulation 21). Subsequent to that date, the error contained in the registration or recording was certified with a CLE and the lawyer must use a Form 6A (See Regulation 22)