The Registrar of Land Titles regularly reviews land title practice and related legislative requirements, providing updated practice guidance where necessary. Accordingly, the Registrar has provided the following updated practice guidance relating to the “Release of Easement” guidance, as published in the Land Title Practice Manual (LTPM) under s. 241, Land Title Act.
This update is effective immediately.
Practice Change to “Release of an Easement” in LTPM Section 241
Section 241(1), Land Title Act, sets out the requirement for an application to cancel the registration of a charge, which includes an easement:
241 (1) If a registered charge has been satisfied, surrendered, released or discharged in whole or in part, the registrar must, on application in the form approved by the director and on satisfactory proof, cancel the registration of the charge in whole or in part…
- The registrar has determined that the consent of a dominant tenement’s mortgagee(s) is no longer required on an application to release an easement. The provisions of the Land Title Act, including s. 241, do not specifically require a mortgagee of a dominant tenement to consent to a release of easement.
- The LTPM’s “Release of Easement” practice published under section 241 no longer applies and will be removed in the next update, scheduled for fall of 2024.
Dominant Tenement Consent Requirements for a Release of Easement
- The registered owner of the dominant tenement (the fee simple owner or leasehold interest owner, as applicable) is required to execute the release of an easement and the execution under Part 5 of the Land Title Act constitutes satisfactory proof under s. 241. The “form approved by the director” to apply for a release of easement under s. 241 is the Form C Release.
- A dominant tenement’s mortgagee is no longer required to execute the release.