What is a caveat on a Manitoba land title and how do I deal with it?
This answer covers the law of Manitoba.
A caveat is a notice registered against a property's title to show that someone claims an interest in the land, and what it means for your sale depends on the caveat itself. The Real Property Act deals with caveats in ss. 148–165, and s. 152 deals with the effect of a caveat.
Who filed it, what interest it claims and whether it can be withdrawn or challenged are questions to answer from the document on title and the facts behind it. A lawyer can obtain and read the caveat and advise whether to negotiate with the person who filed it, ask for it to be withdrawn, or challenge it.
Priority of registration is dealt with in s. 64, and registration takes effect from the day the instrument is assigned a serial number. Registrations run electronically through Teranet Manitoba. Because a caveat can affect closing, raise it with your lawyer as soon as you see it, before you remove conditions or close. Do not ignore it, because an unresolved caveat can delay or complicate a sale. Bring any letters or notices you have received about it.
Key takeaways
- A caveat is a notice on title showing that someone claims an interest in the land.
- The Real Property Act deals with caveats in ss. 148–165, and s. 152 covers the effect of a caveat.
- Whether a caveat can be withdrawn or challenged depends on who filed it and what it claims.
- Raise it with a lawyer early, before you remove conditions or close.