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Land Titles Act , section: 44
Property Law, Liability of registered land to easements and certain other rights
All registered land, unless the contrary is expressed on the register, is subject to such of the following liabilities, rights and interests as for the time being may be subsisting in reference thereto, and such liabilities, rights and interests shall not be deemed to be encumbrances within the meaning of this Act:
1. Provincial taxes and succession duties and municipal taxes, charges, rates or assessments, and school or water rates.
2. Any right of way, watercourse, and right of water, and other easements.
3. Any title or lien that, by possession or improvements, the owner or person interested in any adjoining land has acquired to or in respect of the land.
4. Any lease or agreement for a lease, for a period yet to run that does not exceed three years, where there is actual occupation under it.
5. Any right under Part II of the Family Law Act, of the spouse of the person registered as owner.
6. A construction lien where the time limited for its registration has not expired.
7. Any right of expropriation, access or user, or any other right, conferred upon or reserved to or vested in the Crown by or under the authority of any statute of Canada or Ontario.
8. Any public highway.
9. Any liabilities, rights and interests created under section 38 of the Public Transportation and Highway Improvement Act.
10. Any by-law heretofore passed under section 34 of the Planning Act or a predecessor of that section, and any other municipal by-law heretofore or hereafter passed, affecting land that does not directly affect the title to land.
11. Sections 50 and 50.1 of the Planning Act.
12. Where the registered owner is or a previous registered owner was a railway company, any interest that may be or may have been created by any instrument deposited in the office of the Secretary of State of Canada or the Registrar General of Canada, as the case may be, under section 104 of the Canada Transportation Act (Canada), or any predecessor of it, but, where the previous registered owner was a railway company, this paragraph does not apply to a subsequent registered owner, except a railway company, unless a note of the previous ownership of the land by the railway company has been entered in the title register.
13. Repealed: 1997, c. 24, s. 214.
14. Any right of the wife of the person registered as owner to dower in case of surviving the owner. R.S.O. 1990, c. L.5, s. 44 (1); 1991, c. 9, s. 2; 1993, c. 27, Sched.; 1997, c. 24, s. 214; 2006, c. 19, Sched. G, s. 3 (3).
Where a licence under Part III of the Crown Forest Sustainability Act, 1994 has been or is granted and the land is registered under this Act, the land shall be deemed to have been and to be subject to the rights of the licensee or the assigns of the licensee for the current licence year under the licence, and to the rights of Her Majesty in the pine trees under the Public Lands Act, without the fact of the land being so subject being expressed in the entry in the register. R.S.O. 1990, c. L.5, s. 44 (2); 1994, c. 25, s. 81.
A parcel of land registered under this Act is not subject to paragraph 3 of subsection (1) if a notice of the application for first registration that contained an accurate description of the parcel, or of a former larger parcel of which the parcel is a part, was served upon the person who at the time of giving the notice was the owner, mortgagee, chargee or purchaser, or assignee thereof, under a registered instrument of adjoining land and no objection to the first registration was filed with the land registrar within the time allowed by the notice. R.S.O. 1990, c. L.5, s. 44 (3).
An application under section 30 shall be deemed to be an action for the recovery of land within the meaning of the Real Property Limitations Act. R.S.O. 1990, c. L.5, s. 44 (4); 2002, c. 24, Sched. B, s. 40 (1).
Paragraph 6 of subsection (1) does not confer upon a person claiming a construction lien any greater right than the person would have if the land were registered under the Registry Act. R.S.O. 1990, c. L.5, s. 44 (5).
The title of the registered owner for the time being of land is subject to enforceable writs of execution against the owner that have been recorded under section 136, but no writ of execution against a prior registered owner is enforceable in respect of the land unless a note of such writ has been entered in the title register. R.S.O. 1990, c. L.5, s. 44 (6).
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