In this Act:
land extends to all freehold tenements, whether corporeal or incorporeal, or any undivided part or share in it;
parties includes any corporation or body collegiate, and an individual.
If a deed of land made according to the form in Schedule 1, or any other deed of land expressed to be made under this Act, the Short Form of Deeds Act or the Real Property Conveyance Act or referring to any of them, contains any of the forms of words in column 1 of Schedule 2, and distinguished by any number in it, the deed has the same effect and is to be construed as if it contained the form of words in column 2 of Schedule 2, and distinguished by the same number that is annexed to the form of words used in that deed, but it is not necessary in the deed to insert that number.
Every deed under section 2, unless an exception is specially made in it, includes all buildings, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances to the land comprised in it, belonging or in any way appertaining to it, or demised, held, used, occupied and enjoyed with it, or taken or known as part or parcel of it, and if it purports to convey an estate in fee simple, also the reversions, remainders, yearly and other rents, issues and profits of the land, and every part and parcel of it, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand, both at law and in equity, of the grantor in, to, out of or on the land, and every part and parcel of it, with their and all of their appurtenances.
A deed or part of a deed that fails to take effect by this Part is nevertheless as effectual, and binds the parties to it, as far as the rules of law and equity will permit, as if this Part had not been enacted.
If a lease of land made according to the form in Schedule 3, or any other lease of land expressed to be made under this Act, the Short Form of Leases Act or the Leaseholds Act or referring to any of them, contains any of the forms of words in column 1 of Schedule 4, and distinguished by any number in it, the lease has the same effect and is to be construed as if it contained the form of words in column 2 of Schedule 4, and distinguished by the same number as is annexed to the form of words used in that lease, but it is not necessary in the lease to insert that number.
Every lease under section 5, unless an exception is specially made in it, includes all buildings, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances to the land.
A lease or part of a lease that fails to take effect by this Part is nevertheless as effectual, and binds the parties to it, as far as the rules of law and equity will permit, as if this Part had not been enacted.
Unless an exception is specially made in the lease, all covenants not to assign or sublet without leave entered into by a lessee in a lease under this Part run with the land demised, and bind the heirs, executors, administrators and assigns of the lessee, whether mentioned in the lease or not.
The proviso for re-entry contained in Schedule 4 applies, when inserted in a lease, to a breach of an affirmative or negative covenant.
If a mortgage of land made according to the form in Schedule 5, or any other mortgage of land expressed to be made under this Act, the Short Form of Mortgages Act or the Mortgages Statutory Form Act or referring to any of them, contains any of the forms of words in column 1 of Schedule 6, and distinguished by any number in it, that mortgage has the same effect and is to be construed as if it contained the form of words in column 2 of Schedule 6, and distinguished by the same number that is annexed to the form of words used in that mortgage, but it is not necessary in the mortgage to insert that number.
Every mortgage under section 9, unless an exception is specially made in it, includes all buildings, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances to the land comprised in it, belonging or in any way appertaining to it, or demised, held, used, occupied and enjoyed with it, or taken or known as part or parcel of it, and if it purports to convey an estate in fee, also the reversions, remainders, yearly and other rents, issues and profits of the land, and of every part and parcel of it, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand, at law and in equity of the grantor in, to, out of or on the land, and all part and parcel of it, with their and all of their appurtenances, subject to the reservations, limitations, provisoes and conditions contained in the grant of the land from the Crown.
In taxing a bill for preparing and executing a deed, lease or mortgage under this Act, the taxing officer, in estimating the proper sum to be charged, must consider not the length of the document but the skill and labour employed and responsibility incurred in the preparation of it.
A mortgage or part of a mortgage that fails to take effect by this Part is nevertheless as effectual to bind the parties to it as if this Part had not been enacted.
The Schedules, directions and forms in this Act are part of this Act.
Schedule 1 This Indenture, made .................. [month, day, year], under the Land Transfer Form Act, Part 1, between [here insert the names of parties and recitals, if any], witnesses that, in consideration of $ ............. of the lawful money of Canada, now paid by [grantee] to [grantor], the receipt of which is acknowledged by him, he [grantor] does grant to [grantee], his heirs and assigns, forever, all, etc., [parcels] [here insert covenants or any other provisions]. In witness of which the parties have set their hands.
Schedule 2 Directions as to the Forms in This Schedule 1 Parties who use any of the forms in the first column of this Schedule may substitute for the words "covenantor" or "covenantee", "releasor" or "releasee", or "grantor" or "grantee", any name and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2 Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3 Parties may introduce into or annex to any of the forms in the first column any express exceptions from or other express qualifications, and the exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 4 Parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form 2 of the first column, to extend the words to the acts of any additional person or persons, or class or classes of persons and in every case the covenants 2, 3 and 4, or those employed in the deed, extend to the acts of the person or persons, class or classes of persons named. 5 Parties may introduce into any deed other or further covenants, powers and provisions agreed on between them.
Schedule 3 This Indenture, made .................. [month, day, year], under the Land Transfer Form Act, Part 2, between [here insert the names of parties and recitals, if any], witnesses that, [lessor] does demise to [lessee], his executors, administrators and assigns, all, etc., [parcels], from ................... [month, day, year], for the term of ......................, yielding during the term the rent of [state the rent and mode of payment, also the covenants to be inserted]. In witness of which the parties have set their hands.
Schedule 4 Directions as to the Forms in This Schedule 1 Parties who use any of the forms in the first column of this Schedule may substitute for the words "lessee" or "lessor", any name [or other designation] and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2 Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3 Parties may fill up the blank spaces left in the forms 6 and 7 in the first column of this Schedule employed by them with any words or figures and the words or figures introduced shall be taken to be inserted in the corresponding blank spaces left in the corresponding forms in the second column. 4 Parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualifications, and the same exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 5 Where the premises demised shall be of freehold tenure, the covenants 1 to 13, inclusive, shall be taken to be made with, and the proviso 14 to apply to, the heirs and assigns of the lessor; and where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators and assigns. 6 Parties may introduce into any lease other or further covenants, powers and provisions agreed on between them.
Schedule 5 This Indenture, made ........................... [month, day, year], under the Land Transfer Form Act, Part 3, between [here insert names of parties and recitals, if any], witnesses that, in consideration of $ .................... of the lawful money of Canada, now paid by [mortgagee] to [mortgagor], the receipt of which is acknowledged, [mortgagor] grants and mortgages to [mortgagee] his heirs and assigns, for ever, all [parcels] [here insert provisoes, covenants or other provisions]. In witness of which the parties have set their hands.
Schedule 6 Directions as to the Forms in This Schedule 1 Parties who use any of the forms in this first column of this Schedule may substitute for the words "mortgagor" or "mortgagors", or "mortgagee" or "mortgagees", any name; and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2 Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule; and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3 Parties may fill up the blank spaces left in the forms 1, 11 and 13 in the first column of this schedule employed by them with any words or figures; and the words or figures introduced shall be taken to be inserted in the corresponding blank spaces left in the corresponding forms in the second column. 4 Parties may introduce into or annex to any of the forms in the first column any express exceptions or other express qualifications and the same exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 5 Parties may introduce into any mortgage other or further covenants, powers and provisions agreed on between them.