Where there is no legal reason for a Judgment to be registered on your property, and the party who has the judgment (this party is called the claimant) will not give you a discharge, as the owner of the affected property you may be able to have the judgment removed using a thirty day notice.
Having a judgment removed using a thirty day notice is a four step process.
Please note that: You cannot use this process where you feel that the courts made a mistake in issuing the Judgment against you. If you feel that the courts made the wrong decision in your case, land titles cannot help you. You will need to appeal that judgment through the courts.
Judgments for child support cannot be removed by this process.
The thirty day notice 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 your request you must write out why it is that the judgment is not validly registered on your title.
Please remember: We can only issue the thirty day notice if you have shown us that the judgment is not validly registered on your title.
Once we have received and reviewed your request, and you have shown us why the judgment is not validly registered, we will prepare the thirty day notice and send it to you. The notice will tell the claimant that if they want to keep their judgment on your title they will have to take you to court.
There is a cost to file this request. Please see the land titles fees schedule for up-to-date fees. 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 form (RDA) with your request. Copies of our forms are available on our website at https://teranetmanitoba.ca/land-titles/land-titles-forms/.
- Serve the thirty day notice
The second step in the process involves serving the thirty day notice on the claimant. Service means giving or sending the thirty day notice to Claimant. If we are satisfied with the address in the judgment, we 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 claimant in person.
It will be up to you to serve the notice.
- Wait to see if you get sued
Once the thirty day notice has been served, the claimant has 30 days to go to court to protect their judgment. If they do this, and then give us proof that they have done so, land titles will not remove the judgment without a court order.
- Request to have the judgment removed
After the 30 days has passed, you can then file a request at land titles, asking us to remove the judgment. You will once again use a Request/Transmission form.
In addition to the request, 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 cost 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 Judgment from your title. We will then send you a new copy of your title.