![]() ![]() That he or she has never pledged the duplicate indefeasible title or hypothecated it by way of security for a loan or otherwise except asset out in the affidavit.That the registered owner has been in uninterrupted legal possession of the land for a certain number of years without any adverse claim having been made on him or her.The particulars as to delivery of the duplicate indefeasible title from the time it was taken from the land title office to its receipt by the registered owner and the circumstances of its loss and efforts made to find it. ![]() The title number, legal description of the land, and name of the registered owner(s).Proof of loss in the form of a sworn affidavit by the owner(s) stating:.Typically, the need to apply for a provisional Certificate of Title is discovered by a legal professional who is preparing a separate application for the owner, so the applications can be prepared and submitted at the same time.Īn application must include the following information: Owners are encouraged to contact a legal professional for assistance with the application. If a duplicate certificate of title has been lost or destroyed, the owner through their agent or solicitor will need to apply to the registrar to obtain a provisional Certificate of Title in lieu of the lost or destroyed duplicate certificate.Īpplications for the provisional Certificate of Title must be submitted electronically, in accordance with the requirements for electronic filing set out in the Land Title Act and directives issues by the Director of Land Titles. Steps to obtain a provisional Certificate of Title Its loss could interfere with future plans to transfer the title. In response to the many and often considerable complications arising from the loss or destruction of duplicate titles, land titles no longer issues duplicate titles.The duplicate certificate of title or duplicate Indefeasible Title is a highly valuable document and when lost, it is costly and time consuming to replace. Given the manner in which land titles treats duplicate titles, certain lending institutions will lend monies to clients, holding only the duplicate title as security. To begin with, land titles will not allow a transfer or a mortgage to be registered in land title unless either we have the duplicate title in our files or it is submitted by the client with the transfer or the mortgage. It is very important to be aware that duplicate titles are valuable documents, documents that must be kept in a safe place. Accordingly, a duplicate title can only be trusted to be current as of the date on which it was created. As a result these instruments will be shown on the original title and not on the duplicate title. The reason for this lies in the fact that land titles will accept for registration a number of documents, including caveats, judgments and builders’ liens without requiring the production or presentation of the duplicate title. Given the fact that duplicate titles, which are in the owners’ possession, cannot be kept up-to-date by land titles, the duplicate title will not always stay identical to the original title. However the title is created, on paper or electronically, the Province of Manitoba guarantees the information in the title.Ī duplicate title (or duplicate certificate of title) is a document which reflects all of the information that was contained in the original title as of the moment the duplicate title was created, either at the same moment as the original title, or at some later date as requested by the owner of the lands in the title. Where the title is now in the land titles electronic database all of this same information is stored electronically and is assigned a title number. This document officially records certain information pertaining to land, including the owner of the land, the land description of the property in the title, and the interests and claims of interest of parties other than the registered owner. Where the original title is still paper, the original title is a paper document on file in a book at the land titles office.
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