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Land Titles Act , section: 44(1)

Property Law, Provincial taxes and succession duties

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 Repealed: 1997, c. 24, s. 214.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).

Comments : 

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Canada Statutes   Ontario Statutes     Edit

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