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Registry Act , section: 111

Property Law, Definitions and interpretation

In this Part,

“claim” means a right, title, interest, claim, or demand of any kind or nature whatsoever affecting land set forth in, based upon or arising out of a registered instrument, and, without limiting the generality of the foregoing, includes a mortgage, lien, easement, agreement, contract, option, charge, annuity, lease, dower right, and restriction as to the use of land or other encumbrance affecting land; (“réclamation”)

“notice of claim” means a notice of claim that is registered under subsection 113 (2) and that is in the prescribed form and includes a notice registered under a predecessor of this Part or under The Investigation of Titles Act, being chapter 193 of the Revised Statutes of Ontario, 1960, or a predecessor of it; (“avis de réclamation”)

“notice period” means the period ending on the day 40 years after the later of,

(a) the day of the registration of an instrument that first creates a claim, or

(b) the day of the registration of a notice of claim for a claim; (“délai d’avis”)

“owner” means a person, other than a lessee or a mortgagee, entitled to a freehold or other estate or interest in land at law or in equity, in possession, in futurity or in expectancy; (“propriétaire”)

“title search period” means the period of forty years described in subsection 112 (1); (“délai de recherche”)

“year” means a period of 365 consecutive days or, if the period includes February 29, 366 consecutive days. (“année”) R.S.O. 1990, c. R.20, s. 111 (1); 2006, c. 34, s. 22 (2, 3).

Claims under unregistered instruments

(2) A claim referred to in clause 113 (5) (a) or (b) is not confined to a claim under a registered instrument. R.S.O. 1990, c. R.20, s. 111 (2).

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