There are two methods that may help you to remove an invalid or expired caveat from your title: the request process and the thirty day notice process.
The request process
This first method is the simpler of the two, but it can only be used where it is obvious by reading the caveat that the rights protected by it have clearly expired. This process is started when you register a request at land titles to have the caveat removed. This request is made using the land titles Request/Transmission form.
It is your job to complete the request. Unless you submit your request through eRegistration, you will need to fill out and file a Registration Details Application (RDA) form with your request. Copies of our forms are available on our website at https://teranetmanitoba.ca/land-titles/land-titles-forms/.
There is a fee to file this request. Please see the land titles fees schedule for up-to-date fees.
Upon receipt of your request, land titles will read through the caveat to determine if the rights in it have indeed expired. For example, if the caveat says that it is for a lease of five years from October 1, 1933, and it is now 1999, the rights have clearly expired.
In making our determination, land titles can only take into account evidence that is actually in the caveat - the caveat must have expired on its face. We cannot take supporting information from you, no matter how relevant it seems. If, after our review, we are satisfied that the caveat has indeed expired, land titles will remove it from your title. We will then send to you a new copy of your title.
The thirty day notice process
If the caveat has not obviously expired, but you feel that the interest claimed in it is invalid, you may be able to have the caveat removed using the thirty day notice process. This is a four step process:
- Request the thirty day notice
The first step is the filing of a request for a thirty day notice at land titles. The request is made using the Request/Transmission form. In the Request/Transmission form you must write out why it is that the caveat is invalid together with any other relevant information. Where applicable, this should include a statement that the party who registered the caveat has refused to provide you with a discharge.
Please remember: We will only issue the thirty day notice if you have told us why the interest claimed in the caveat is invalid.
Once we have received and reviewed your request, and you have shown us why the interest is invalid, we will prepare the thirty day notice and send it to you. The notice will tell the caveator that if they want to keep their caveat on your title they will have to take you to court.
Unless you submit your request through eRegistration, you will need to fill out and file a Registration Details Application (RDA) form with your request. Copies of our forms are available on our website at https://teranetmanitoba.ca/land-titles/land-titles-forms/.
There is a fee to file this request. Please see the land titles fees schedule for up-to-date fees. It is your job to complete the request
- Serve the thirty day notice
The second step in the process involves serving the thirty day notice on the caveator. Service means giving or sending the thirty day notice to caveator. If land titles is satisfied with the address in the caveat, land titles will order you to serve the thirty day notice by sending it by registered mail to that address. If the address is not good enough, you will be ordered to give the notice to the caveator in person.
It will be up to you to serve the notice. Land titles does not serve the notice.
- Wait to see if you get sued
Once the thirty day notice has been served, the caveator has 30 days to go to court to protect their caveat. If they do this, and then give us proof that they have done so, land titles will not remove the caveat without a court order.
- Request to have the caveat removed
After the 30 days has passed, you can then file a second request at land titles, asking us to remove the caveat. You will once again use the Request/Transmission form.
In addition to the completed Request/Transmission form, you must give us proof that the thirty day notice was properly served. This is done by attaching a sworn document called an Affidavit of Service to your request. In that document whoever it was that actually served the notice will swear that they did so. They will swear how and when they served it. A copy of the thirty day notice that was served must be attached to that affidavit. Land titles is not allowed to assist in the preparation of the affidavit.
It is your job to complete the request. Unless you submit your request through eRegistration, you will need to fill out and file a Registration Details Application (RDA) form with your request. There is a fee to file this request. Please see the land titles fees schedule for up-to-date fees.
If your second request is all in order, and provided that the party who registered the caveat has not gone to court, land titles will remove the caveat from your title. We will then send you a new copy of your title.
Please be advised that certain caveats cannot be removed by the thirty day notice process. Land titles will not remove either District Registrar’s caveats or caveats for statutory easements by this process. Further, only in very rare circumstances, will we remove caveats giving notice of easements or building restrictions by this process.