An interest can be registered without authorization from the title owner, but some require that specific supporting documentation be submitted at the time of registration.
Purpose of Registration
Interests are registered against titles for many reasons. Typically you register an interest if you:
- Loan money to a parcel buyer and want to give notice to third parties and have priority over third parties who have not registered any interests
- Win a judgment against a creditor for compensation of unpaid debt(s) and want to ensure you are well-positioned to collect on those debts, or
- Need access to a parcel as a utility service provider or government agency
A parcel owner can also make a deal with a third party giving them permission to access and perform certain activities on the parcel, usually in exchange for compensation. A good example of this is a rural land owner who allows an oil exploration company onto their land to dig a well. In cases like this, an easement – which is one kind of interest – is usually registered on the parcel title.
Effects of Registration
- Registration of an interest serves as the legal notification of that interest to third parties.
- An interest is not deemed to be valid as a result of being registered. Agreements between the interest holder(s) and the title owner(s) determine the rights and obligations of the parties. We do not verify the validity of interests.
- Even though we don’t verify the validity of interests, the interest still must be in one of the types designated in s. 36 of The Land Titles Regulations, 2001, in order to be registered.
- Priority of one interest over another is determined based on the date and time the interest is registered on the title.
- Unregistered interests are not enforceable against third parties.
If you wish to register a judgment please ensure you follow the steps as outlined on the Sasklawcourts.ca website.
How to Submit an Application for Interest Registration
Submit your Application for Interest Registration electronically through ISC's convenient online submission
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page to download the required forms and instructions.
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