The Saskatchewan Writ Registry is a database that contains writs of execution and maintenance orders. It replaces the General Record of the former land titles offices with respect to writs of execution and maintenance orders. When The Land Titles Act, 2000 came into force on June 25, 2001, all writs of execution and maintenance orders filed in the General Record of all the land titles offices were registered in the Saskatchewan Writ Registry. Prior to June 25, 2001, a writ of execution was registered in either the Saskatchewan Personal Property Registry and/or the General Record of the former land titles offices.
Section 167(1) of The Land Titles Act, 2000
Registering a Writ of Execution or Maintenance Order in the Saskatchewan Writ Registry
In order for a writ of execution or maintenance order to appear in the Saskatchewan Writ Registry, it must first be registered in the Saskatchewan Personal Property Registry (SPPR). Please refer to the SPPR page to obtain information on how complete a registration.
When you register a writ of execution, it has the effect of registering in both the Saskatchewan Personal Property Registry and the Saskatchewan Writ Registry. For maintenance orders, the registration will only appear in the Saskatchewan Writ Registry.
Under The Land Titles Act, 2000, writs of execution and maintenance orders must be registered in the Saskatchewan Writ Registry before they can affect land in Saskatchewan.
Sections 170 and 176 of The Land Titles Act, 2000
Section 98 of The Land Titles Regulations, 2001
Registration Identification Number (RIN)
A Registration Identification Number (RIN) is a unique number assigned by the Saskatchewan Personal Property Registry that is applied to a particular registration. It is recommended that you request a Registration Identification Number or RIN when registering a writ of execution or a maintenance order to guard against unauthorized discharges.
Registering a Writ of Execution or Maintenance Order against a Title or Interest
There are two ways a writ of execution or a maintenance order can be registered against a title or interest:
Auto Attachment
Auto attachment of a writ of execution or a maintenance order may occur when a new title is created or a new interest is registered against a title. If the name of the owner or the name of the interest holder exactly matches the name of the debtor or the respondent in the Saskatchewan Writ Registry, the writ of execution or maintenance order will automatically register against the title or interest.
The system will attach a writ of execution or maintenance order if the name in the Saskatchewan Writ Registry matches the first two given names and the surname, or the corporation name, character for character.
Sections 168, 172 and 178 of The Land Titles Act, 2000
Sections 99.1 and 99.2 of The Land Titles Regulations, 2001
Requested Attachment
You can search the land titles registry to determine what titles or interests the debtor or the respondent holds. You can then apply to register the writ of execution or the maintenance order against any title or interest held by the debtor or the respondent. This can be done even though there may not be an exact match between the name of the owner or the interest holder and the name of the debtor or the respondent.
To register a writ of execution or maintenance order against a title or interest, you use the Application for Writ or Maintenance Order Registration.
Sections 171 and 177 of The Land Titles Act, 2000
Discharging a Writ of Execution from the Saskatchewan Writ Registry
Writ Registered prior to June 25, 2001
Prior to June 25, 2001 a writ of execution against lands and goods was registered in both the General Record and the Saskatchewan Personal Property Registry. In order to completely discharge the writ of execution, the execution creditor or the sheriff must register two discharges in the Saskatchewan Personal Property Registry. Please refer to the SPPR page to obtain information on registration services. Once the discharges are registered, the writ of execution will be completely discharged from the Saskatchewan Personal Property Registry, the Saskatchewan Writ Registry and from any title or interest to which the writ has attached.
Section 174 of The Land Titles Act, 2000
Section 100 of The Land Titles Regulations, 2001
Writ Registered after June 25, 2001
To discharge a writ of execution against land and goods registered after June 25, 2001 from the Saskatchewan Personal Property Registry and Saskatchewan Writ Registry, the execution creditor or the sheriff must register a discharge in the SPPR. The writ of execution will be completely discharged from both the Saskatchewan Writ Registry and the Saskatchewan Personal Property Registry, as well as from any title or interest to which the writ has attached.
Section 174 of The Land Titles Act, 2000
Section 100 of The Land Titles Regulations, 2001
Discharge of a Maintenance Order from the Saskatchewan Writ Registry
To discharge a maintenance order from the Saskatchewan Writ Registry, regardless of when it registered, the Director of Maintenance Enforcement must register the discharge in the Saskatchewan Personal Property Registry. The maintenance order will be completely discharged from the Saskatchewan Writ Registry and from any title or interest to which the maintenance order has attached.
Section 180 of The Land Titles Act, 2000
Section 102 of The Land Titles Regulations, 2001
Discharge of Writ of Execution or Maintenance Order from a Title or an Interest
To discharge a writ of execution from a title or an interest, the execution creditor or the sheriff must complete an application for interest discharge and sign the interest authorization form. The interest register number and the interest number of the writ of execution being discharged must be specified on the application for interest discharge. The writ of execution will still appear in the Saskatchewan Writ Registry even though it was discharged from a title or an interest.
To discharge a maintenance order from a title or an interest, the Director of Maintenance Enforcement must complete an application for interest discharge and sign the interest authorization form. The interest register number and the interest number of the maintenance order being discharged must be specified on the application for interest discharge. The maintenance order will still appear in the Saskatchewan Writ Registry even though it was discharged from a title or an interest.
Sections 175 and 181 of The Land Titles Act, 2000
Partial Discharge of Writ as to Land that was Filed in General Record Prior to Conversion
Prior to implementation of the LAND System in a district, customers were permitted to file instruments under section 181 of The Land Titles Act, which would permit a debtor to deal with a title without a particular writ attaching. These instruments were filed in the General Record.
Upon conversion of the General Record, these instruments were noted on the entries for the writ registry detail, showing the instrument number and date of the partial withdrawal and the legal description of the parcels affected by the partial withdrawal.
On conversion of a title, the auto-attach function searches the writs that are in the Saskatchewan Writ Registry, but the function is not capable of interpreting the notes to find exceptions. Therefore, if there is an exact match between the name on the writ, as recorded in the Saskatchewan Writ Registry, and the name on the title, the writ will auto-attach even though it has been partially withdrawn as to that land. The auto-attach may also attach the writ on a subsequent dealing with the same title.
Process for a Partial Discharge of Writ:
- Applicant completes Application for Interest Discharge.
- As authorization to discharge the interest, applicant completes an affidavit:
- Attaching a copy of the writ detail page from a search of the Saskatchewan Writ Registry, which identifies the writ registry number and shows the partial discharge as to land.
- Swearing that the writ identified by writ registry #_____________ was discharged pursuant to section 181(2) of The Land Titles Act by instrument #_____________ on _________ (date) as to ______________ (legal description of affected parcel).
- Swearing that the title for this parcel is title #____________ and that the parcel is parcel #___________.
- Swearing that the writ has attached to title #____________ as interest #______________.
- Requesting discharge of the writ from the title.
NOTES:
- The affidavit can be sworn by anyone who is aware of the facts.
- If the affected parcel has been transformed and is no longer associated with the legal description shown on the writ detail page, additional information is required in the affidavit stating the facts.
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