This act provides that a registered owner, a municipality where the land is located, or any other person claiming an interest may apply to the Court of Queen’s Bench for an order to subdivide land. This act applies when two or more persons engaged in farming operations have a tenant in common title, or when a single owner actually holds the title for persons jointly engaged in farming operations of that land.
When an action is commenced in the Court of Queen’s Bench, a notice of hearing will be issued pursuant to Section 3. The notice should be sent directly to Registry Services.
The registration of the notice will result in a lock being placed on the title, pursuant to Section 4 of The Farming Communities Land Act. The lock will prohibit title transfer or interest registration until the matter is resolved. This lock is registered at the title level, and it will appear on a title print at the bottom.
Functionality of the Lock
The lock will prohibit:
- title transfer
- title transmission
- transfer to a surviving joint tenant
- interest registration
- interest postponement
- interest amendment
- interest assignment
- interest registration based on a judgment
The lock will not prohibit:
- interest discharge
- alternate authority set up
Removal of the Lock
The lock will be removed if a court order is issued pursuant to Section 5 of The Farming Communities Land Act, or the local registrar of the Court of Queen's Bench discharges the interest pursuant to Section 10 of The Farming Communities Land Act.