How do I remove a mortgage or caveat from title in Manitoba?
This answer covers the law of Manitoba.
How you clear a paid-off mortgage or an outdated caveat depends on which one you have, because The Real Property Act deals with them in separate parts. Mortgages and encumbrances are covered by ss. 96 to 116 of The Real Property Act, with discharge in s. 103. Caveats are covered by ss. 148 to 165, and s. 152 deals with their effect.
Order a current title search first so you know exactly what is registered. Registrations in Manitoba are electronic and run through Teranet Manitoba. A registration takes effect from the day the instrument is assigned a serial number. Who needs to sign or register the document depends on your situation, so ask in writing and keep your payout statement, and confirm the details with a lawyer.
If the other party will not cooperate, your options depend on what the caveat claims and why it was registered, and may involve the court. Do not assume you can remove it yourself. A lawyer can review the title, the caveat and your next steps, and the Law Society has eRegistration rules for lawyers who register documents.
Key takeaways
- Mortgages and encumbrances are covered by ss. 96 to 116 of The Real Property Act, with discharge in s. 103.
- Caveats are covered by ss. 148 to 165, and s. 152 deals with their effect.
- Land titles registrations in Manitoba are electronic and run through Teranet Manitoba.
- If the other party will not cooperate, the options depend on the facts and may involve the court, so get legal advice before acting.