Municipal and Northern Relations

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Dispense of Signature Requirement Request

I,                                              being the District Registrar of the                                   Land Titles Office, hereby advise as follows:
a.         Inquiry has been made by (the Applicant’s name) in regards to the registration of a Plan of Subdivision on the property legally described as follows:
b.         (the Applicant’s name) have advised me that the signatures of all parties having an interest in the said land cannot be obtained as a result of the refusal of                                                         , owners of adjacent properties which have been granted a Right of Way over a portion of the subdivided land, to sign the Plan of Subdivision.
c.         That I am advised by (the Applicant’s name) that the portion of the subdivided lands on which the Caveator(s) under Caveat No.                        enjoy a Right of Way will become a public road under the proposed Plan of Subdivision, with the result that all of the Caveator(s) will acquire access by way of public road instead of a width of twenty feet over an existing trail to replace their access.
d.         That (the Applicant’s name) have requested the                           Land Titles Office to dispense with the signatures of all of the Caveator(s) under Caveat No.                  on the Plan of Subdivision.
The provisions of the Real Property Act provide in Section 117(6)(g) that:       “…unless the Municipal Board otherwise orders, a plan upon which there is indicated a portion which is vested in the Crown or Municipality as provided in Section 119, shall be signed by each owner and Caveator or his authorized agent.”
That as District Registrar of the                               Land Titles Office, prior to accepting for registration the proposed Plan of Subdivision, I require either the signatures of the Caveator(s), or the Municipal Board’s approval to dispense with the requirement of obtaining the signatures of                                           , the Caveator(s) under Caveat                   .
Dated at                     , Manitoba, this          day of              , 2007
 
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District Registrar
Land Titles Office