What Are Registered Interests on a Saskatchewan Land Title?

You pull up a Saskatchewan land title, or your lawyer sends you a copy, and there is a list of entries you do not recognize. Some are labelled as interests. You may wonder whether they are a problem, who put them there, and whether they affect your purchase or your ownership.

This article explains in plain words what a registered interest is, what else you may see on a title, and what the ISC search tools do and do not show. It is general information only. What a particular entry means for you depends on its wording and the facts, so it is worth confirming with a lawyer.

This article covers the law of Saskatchewan.

What a registered interest is

On an ISC title, a registered interest is any right, interest or estate, legal or equitable, that is recognized at law and is less than title. In everyday terms, title is the ownership itself. An interest is someone's claim or right connected to the land that falls short of ownership.

Think of ownership as the whole bundle and an interest as one strand that someone else holds. The owner still owns the land, but the interest may limit what the owner can do with it, or may need to be dealt with before the land is sold or refinanced.

Mortgages and liens appear on a title as interests. So if you see your lender's mortgage listed, that is a registered interest, and it is normal.

Interests, title locks and judgments are different things

People often lump every entry together, but the title and related records treat them differently. Knowing the difference helps you read what you are looking at.

The key point is that judgments are tracked in the Judgment Registry rather than being listed as interests on the title. A title that looks clean therefore does not, on its own, tell you that no judgments exist. Your lawyer can advise which searches are appropriate for your situation.

What ISC Quick Search shows and what it leaves out

ISC Quick Search finds currently active titles. You can search by parcel number, title number, owner name or land description, and then view a title image or request a certified print.

Quick Search has limits. It does not show previous owners or interests that were removed. If you want to see that history, the advanced Search tool covers it.

• Use Quick Search to see the current picture of an active title.
• Use the advanced Search tool if you need previous owners or interests that were removed.
• Remember that judgments sit in the Judgment Registry, which is separate from the title.

When the Registrar says an interest will lapse

Sometimes an old interest stays on a title long after it has stopped mattering. Under The Land Titles Regulations, 2001, 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.

If no extending order is registered, the Registrar registers a discharge on application. In plain terms, the interest can come off the title once the notice period passes without a court order extending it, and someone applies for the discharge.

The details of who can ask for these steps and how a court order is obtained depend on the facts. If you receive such a notice, or want to clear an old entry, speak with a lawyer promptly because the time period is short.

What to do next

• Get a current copy of the title and read each entry, noting which are interests and which are not.
• Ask who holds each interest and whether it is expected to be removed on closing or paid out.
• Check the Judgment Registry separately, since judgments are not part of the title's interest list.
• Use the advanced Search tool if you need removed interests or past owners.
• If you receive a notice that an interest will lapse, note the date and get advice before the 30 days run out.
• Bring questions about any unfamiliar entry to a lawyer before you sign or close.

Frequently asked questions