How to Remove a Caveat From a Saskatchewan Land Title

You are selling or refinancing, and the title shows an entry you did not expect. A lender or buyer wants it gone, and the clock is ticking.

This article explains what these entries are, one process the Land Titles Regulations, 2001 provide, and practical steps if the person who registered the entry will not help. It is general information, and the right route depends on your facts.

This article covers the law of Saskatchewan.

What a caveat looks like on a Saskatchewan title

On a Saskatchewan title, registered interests are any right, interest or estate, legal or equitable, recognized at law and less than title.

You may hear the word caveat used for an entry that claims some right in the land. In practice, what matters is what the entry says and what kind of interest it is, because that shapes how it can be dealt with.

Rules from other provinces, such as Alberta, may not match Saskatchewan's. Do not rely on a friend's experience elsewhere.

Different entries show up on a title in different ways, and they are not all removed the same way.

• Mortgages and liens appear as interests.
• A title lock is a prohibition on the title.
• Judgments are tracked separately in the Judgment Registry, so it is worth asking your lawyer whether one affects your property.

Start by identifying the entry

Pull a current title image through ISC Quick Search, which finds currently active titles and lets you view a title image or request a certified print. Read the entry carefully: who registered it, when, and what it claims.

If you need to see interests that were already removed, or earlier owners, Quick Search will not show them, and the advanced Search tool covers those. That history can help you understand why an old entry is still there.

Before you contact anyone, work out whether the entry is a mortgage, a lien, a title lock or something else, since mortgages and liens appear as interests and a title lock is a prohibition. Knowing the type helps your lawyer tell you quickly which route fits.

If the holder agrees to release it

The simplest outcome is usually cooperation from the person or company who registered the interest. If they agree, the release needs to be prepared and registered correctly. The exact forms and steps depend on the kind of interest, so your lawyer can confirm them.

Ask early. Release paperwork takes time, and a closing or refinance date does not move on its own.

If an old interest will not go away

The Land Titles Regulations, 2001 contain a lapse process for some registered interests. The Registrar can issue a notice that a registered interest will lapse 30 days after the notice is sent, unless a court order extending the registration is registered.

After that, the Registrar registers a discharge on application if no extending order is registered.

Whether this process applies to your entry depends on its type and history. Which interests it reaches, who may apply, and when a court application is a separate option all depend on your facts. A lawyer can check the Act and Regulations for your situation.

What to do next

• Get a current title image or certified print.
• Write down who registered the entry, the date and what it says.
• Contact the holder in writing and ask for a release.
• Keep copies of every request and reply.
• Tell your lawyer and your lender about any deadlines.
• Ask your lawyer whether the lapse notice process in the Regulations could apply.

If the entry is blocking a sale or refinance, raise it with your lawyer as soon as you see it. How long it takes to clear an entry depends on what kind of entry it is and on the people involved, so it is worth confirming the timing with a lawyer before you commit to a closing date.

If you are buying, remember that in a standard Law Society offer-to-purchase template each party pays their own lawyer, and the purchaser pays the Land Titles Registry fees to register the property in the purchaser's name and to register the purchaser's mortgage. Who bears the cost of clearing an entry under your own agreement depends on its wording, so it is worth confirming with a lawyer.

Frequently asked questions