When auditing a Subdivision, some of the transaction types reviewed include the addition of benefits and burdens inherited from the parent parcel, whether a Form 45 has been filed to add the access back in, and consolidations.
Statistics
During year one of the program, Subdivisions on 41 different PIDs were audited and mistakes were found on 21 PIDs (51%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
When a property is being subdivided, all existing benefits and burdens from the parent parcel are supposed to be brought into the individual infant parcels. A Form 45 is then filed to remove the inapplicable benefits and burdens and to add access to the infant parcels. The Form 45 is required to be filed before the first revision takes place, although it is often neglected and access is improperly added to the infant parcel(s) by way of a Form 24.
Obligation
Section 9(3) of the Regulations states:
The registered owner of a parcel registered under the Act that is created on subdivision or registration of a condominium declaration must file all of the following before submitting a request to change the registered owner of the parcel:
(a) a Form 45 adding, confirming, deleting or correcting, as necessary, the interests, textual qualifications and parcel access type that
(i) are not shown in the parcel register,
(ii) have been placed in the parcel register under subsection 13(5) of the Act or subsection (2), or
(iii) have been removed from the parcel register under subsection (1);
(b) any consequential amendment of the legal description for the parcel in Form 2.
Fixes
Regulation 9(3) requires that a Form 45 must be filed to add or delete any missing or inapplicable interests, and to add the access back in. Note however, if you have already filed a Form 45, it may not be possible to file a second Form 45 and you would then need to use a Form 6A to correct any further issues or anything missed from the original Form 45.