Pursuant to Section 136 of The Planning and Development Act, 2007, when one surface parcel contains separate premises occupied by different individuals, a council may pass a resolution requiring an application for subdivision of the parcel to be made.
If an application is not made for subdivision within 90 days of service of the resolution, a council may pass a bylaw pursuant to Section 138 of The Planning and Development Act, 2007 providing for the sub-division of the land. When this occurs, the municipal administrator must apply to the Registrar, requesting this lock be applied. This lock is used to prohibit dealings with the land until the sub-division process has been completed.
This lock is registered at the title level and will appear on a title print.
Functionality of the Lock
This lock will prohibit:
- title transfer
- transfer to a surviving joint tenant
- title transmission
- interest registration
- interest amendment
- interest assignment
- interest postponement
- interest registration based on a judgment
This lock will not prohibit:
- alternate authority set up
- interest discharge
Removal of the Lock
This lock will not be removed until the sub-division (i.e. transform) process is completed.
However, pursuant to Section 139(3) of The Planning and Development Act, 2007, the council can request removal of the lock or provide authorization for the proposed transaction. If authorization from the council is provided, the lock will be removed and replaced after the transaction has registered.