What Happens If a Deed Is Not Registered in Newfoundland and Labrador?

You may have signed a deed or a mortgage and assumed the paperwork was finished. In Newfoundland and Labrador, signing is only part of the process. The document usually has to be registered at the Registry of Deeds before it protects you against other people.

This article explains in plain language what registration does, what can go wrong if it is skipped, why the registrar might refuse a document, and what a paper filing needs. It is general information, not advice on your situation.

This article covers the law of Newfoundland and Labrador.

What registration does for you

Registration does two main things. First, it counts as notice to anyone who later claims an interest in the land. Second, it fixes the time of registration, and with it your priority, because an instrument is considered registered when it is delivered if the registrar finds it compliant.

Priority matters when two people claim rights in the same property. In general terms, the earlier registered claim is in a stronger position than a later one, which is why the exact time of registration is important.

What happens if a deed or mortgage is not registered

Under the Registration of Deeds Act, 2009, an instrument that has not been proved and registered, or had a notice of it registered, is judged fraudulent and void at law and in equity against a later purchaser or mortgagee for value who registers first.

In practice, this means a buyer or lender who did the right thing could end up ahead of you, even though your document was signed first. How this plays out in a real dispute depends on the facts, so it is worth speaking with a lawyer if you think a document was never registered.

• The risk applies to a later purchaser or mortgagee who gave value and registered first.
• Registration constitutes notice to anyone who later claims an interest in the land, and it fixes the time of registration and priority.
• How signing, paying or living in the property affects your position depends on your situation, so it is worth confirming with a lawyer.

Why the registrar can refuse a document

The registrar may refuse to register an instrument on grounds that include a missing legible property description, illegibility, or being contrary to law. The registrar also cannot register an instrument that has not been proved as the Act requires.

If a document is refused, the refusal can be appealed to the Supreme Court within 30 days. Because that window is short, get advice quickly rather than waiting. Often the simpler fix is to correct the problem and submit the document again.

What a paper filing needs

• Original signatures, witnessed by a person authorized to administer an oath, or otherwise an affidavit of execution.
• A registration application form, since documents without it are returned unprocessed.
• An accurate written property description.
• The proper fee, which must accompany the instrument and be paid first before the registrar may register it.

Registration is done at the Registry of Deeds, P.O. Box 8700, St. John's, or by hand delivery at 59 Elizabeth Avenue. The Registry also provides an online fee calculator for a conveyance or notice of mortgage.

What registration does not do, and what to do next

The Registry is a registry of deeds and notices that provides notice and priority. Nothing in the Act states that it guarantees title. Registration protects your place in line, but it does not on its own prove that the seller had good title.

The Registry says it is advisable to engage a lawyer to prepare documents to ensure compliance and facilitate registration. Preparing a document relating to property that must be registered in a public office is part of the practice of law, and people who are not members of the Law Society generally may not do it, subject to listed exceptions.

• Gather every signed deed and mortgage document you have.
• Ask whoever handled the transaction whether and when each was registered.
• If something was never registered or was refused, speak with a lawyer promptly, especially because an appeal has a 30-day window.

Frequently asked questions