POST-SUBDIVISION REGISTRATIONS Elias Metlej November 2, 2011.

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Presentation transcript:

POST-SUBDIVISION REGISTRATIONS Elias Metlej November 2, 2011

PID ASSIGNMENT AND ACTIVATION PIDs are assigned in advance of subdivision List of PIDs and corresponding lots numbers can be obtained prior to final subdivision from the municipality Upon registration of the plan, it may take 5 days for PIDs to be activated and to have the new, individual parcel registers available on Property OnLine

Information is not complete or accurate –Access type is not noted –All inherited interests will appear on the register –An asterisk (*) will identify the inherited interests –The description of the parcel will be in short form NEW PARCEL REGISTERS

Registration County: Halifax County Street/Place Name: Keep Crescent /Hammonds Plains Title of Plan: Plan Of Survey Of Lots K-1 To K-15 Incl.; And Street Parcel Kc-1 - Kingswood North - Phase 3, S/D Of Lands Conveyed To Armco Capital Inc. Designation of Parcel on Plan: LOT K-1 Registration Number of Plan: Registration Date of Plan: :07:51 NO MGA Compliance Statement SHORT FORM DESCRIPTIONS

Prior to filing any documents at the registry or online, Form 45 must be filed to “clean up” the parcel register. –Indicate “Parcel Access” –Remove inherited interest that do not apply –Development Agreements are the most complicated documents to review to determine applicability –Most Development Agreements remain on title until formally released by the municipality FORM 45

INHERITED INTEREST

Utility Service Easements are commonly found across the front of each lot Grant easements in favour of NSPI, HRWC, Aliant, etc. Standard form agreements can be executed in advance of subdivision Approval as to form may be required GENERAL EASEMENTS

GENERAL UTILITY EASEMENT

Identify utility easements on individual lots that do not apply to the entire subdivision The grant of easement can be identified in the same document as the general utility easement SPECIFIC UTILITY EASEMENTS

SPECIFIC UTILITY EASEMENT

Identify private easements that relate to specific lots within the subdivision –Access easements and services easements(common with townhouses) –Parking easements –Temporary easements for construction –Encroachment easements PRIVATE EASEMENT

PRIVATE SERVICE EASEMENT

Easement Agreement with developer as both Grantor and Grantee can be registered in advance of sales to create all private benefits and burden for the subdivision One document can be used for all benefits and burdens One recording fee of $85.18 PRIVATE SERVICE EASEMENT

Warranty Deed in favour of third party may be used to create easement –Requires buyer’s lawyer to update parcel register to include benefits and burdens when registering the deed –Paper filing is required as benefits and burdens can’t be added through e-submission –Multiple forms are required as the “flip-side” of the benefit/burden must be reflected PRIVATE SERVICE EASEMENT

CAUTIONS Requires searching parcels other than the buyer’s parcel Requires registration against parcels other than the buyer’s parcel Ensure description in deed is complete Check all prior and related conveyances to ensure they were completed correctly PRIVATE SERVICE EASEMENT

Warranty Deed with developer as Grantor and Grantee can be registered in advance of sales to create the burden of restrictive covenants Warranty Deed in favour of third party may be used as well –Requires buyer’s lawyer to update parcel register to include covenants when registering the deed –Covenants can be added through e-submission RESTRICTIVE COVENANTS

Paper copies required for easements as they can’t be created through e-submission Limit of 9 PIDs per form Certified copies of the original when dealing with more than 9 lots Each group of 9 PIDs assigned a different document number for the registration of the same document Copying seems excessive but mandated. REGISTRATION

Following all registrations, parcel descriptions can be updated to reflect the various benefits and burdens Different document numbers for same document –9 PIDs per document number No MGA compliance statement as initial description was created by provincial staff UPDATED PARCEL DESCRIPTIONS