Transferring Land Title In New Brunswick

To transfer a land title in New Brunswick, you must submit the required documentation to the Provincial Land Registration Office, either by mail or in person. The process typically takes up to 14 business days, and there is a fee for each parcel of land affected by the transfer. The Land Titles system guarantees the interests of individuals in a parcel of land, providing security of tenure and facilitating land-based transactions. It is important to note that a conversion to the Land Titles system is mandatory if the land is being mortgaged or sold. Additionally, a land transfer tax of 1% of the assessed value or consideration for the transfer applies to all legal properties, including mobile homes, in New Brunswick.

Land Registry Office location and hours

The Provincial Land Registration Office is located at 41 King Street, St. Stephen, New Brunswick, E3L 2C1. The office is open from 9:00 am to 5:00 pm, Monday to Friday. The land registration office accepts instruments for registration between 9:00 a.m. and 4:30 p.m.

You can submit an instrument for its registration in the Land Registry by mail or in person at the Provincial Land Registration Office during the above-mentioned timing, i.e., between 9:00 a.m. and 4:30 p.m., Monday to Friday.

The instrument must be properly executed and accompanied by all pertinent documents and approvals. Requirements will vary depending on whether the instrument is registered under Land Titles or the Registry of Deeds.

New Brunswick has 13 Regional Registry offices and is in the process of converting from the Registry to Land Titles. Only specified Land Titles system documents are supported electronically. Registry system documents are received and processed in paper form.

• Albert County Land Registry (Moncton, New Brunswick)
• Carleton County Land Registry (Woodstock, New Brunswick)
• Charlotte County Land Registry (St Stephen, New Brunswick)
• Gloucester County Land Registry (Bathurst, New Brunswick)
• Kent County Land Registry (Richibucto, New Brunswick)
• Kings County Land Registry (Hampton, New Brunswick)
• Madawaska Land Registry (Edmundston, New Brunswick)
• Northumberland County Land Registry (Miramichi, New Brunswick)
• Queens County Land Registry (Burton, New Brunswick)
• Restigouche County Land Registry (Campbellton, New Brunswick)
• Saint Johns County Land Registry (Saint John, New Brunswick)
• Victoria County Land Registry (Perth-Andover, New Brunswick)
• York County Land Registry (Fredericton, New Brunswick)

Registering a plan or document

To register a plan or document for land in New Brunswick, you can submit an instrument for its registration in the Land Registry by mail or in person at the Provincial Land Registration Office. The Provincial Land Registration Office is located at 41 King Street, St. Stephen, New Brunswick, E3L 2C1, and is open from 9:00 am to 5:00 pm, Monday to Friday. The office accepts instruments for registration between 9:00 am and 4:30 pm.

Note that the instrument must be properly executed and accompanied by all pertinent documents and approvals. Requirements will vary depending on whether the instrument is registered under Land Titles or the Registry of Deeds. It is recommended to consult the professional who prepared the instrument to understand what is required prior to registration.

Lawyers and land surveyors can submit instruments for registration online. The processing time for land registration is up to 14 business days following the date of reception of the documentation. Registrants (lawyers and surveyors) can access the status of their document and plan submissions that are currently in process, along with the dates of receipt and the queue position at the Land Registration Office.

Land Titles vs Registry of Deeds

The Land Registry and the Registry of Deeds are two different systems for registering land titles. While the former is a newer system, the latter has existed in New Brunswick for over 230 years.

Land Titles

The Land Titles system is a parcel-based registration system that uses a Parcel Identifier (PID) to identify parcels of land and record interests in that land. It is a government-certified system that permits electronic registration. In this system, the key evidence of title is the Parcel Register, which includes the PIN, the registered owner(s), the thumbnail legal description of the property, all easements to which the property benefits or is subject to, and all encumbrances, cautions, or notices that affect the title.

The Land Titles system is backed by a state guarantee, which means that once a parcel is converted to this system, the interests of individuals and enterprises in that parcel are guaranteed by the province in the manner provided in the Land Titles Act. This is done by issuing a Certificate of Registered Ownership (CRO), which essentially provides a snapshot of the title, answering the questions: Where is it? Who owns it? and What are the charges against it?

Registry of Deeds

The Registry of Deeds, also known as unregistered title, is the older system where the deed of transfer is registered. It does not need to be accompanied by a map, although one is often included when the property is subdivided. This system does not provide a government guarantee of the title, and the deed is the key evidence of title.

In the Registry of Deeds system, when a property changes hands or is mortgaged, a lawyer or a title searcher must search through historical documents to certify the title and determine who owns the land, where it is located, and what charges there are against it. This can be a time-consuming and cumbersome process, especially for lawyers, as they have to first look up the basic title information for the land and then perform a full 40-year search in the existing abstract books.

In summary, the main difference between the two systems is that the Land Titles system provides a government guarantee of the title, whereas the Registry of Deeds system does not. The Land Titles system is also more efficient and economical, as it eliminates the need for historical title searches. It also provides security to landowners and lending institutions through the issuance of the CRO. However, it is important to note that the Land Titles system does not guarantee property boundaries, only the interests of individuals and enterprises in the parcel of land.

Certificate of Registered Ownership

The Certificate of Registered Ownership (CRO) is a snapshot of the title to a parcel of land in New Brunswick. It is issued by the Province of New Brunswick once a parcel of land is converted to the Land Titles system.

The CRO answers the following questions:

• Where is the land?
• Who owns it?
• What are the charges against it?

Each time a new transaction on the parcel is registered, the title register is updated and a new certificate is issued. The CRO provides security to landowners and lending institutions.

To convert your land to the Land Titles system, a lawyer must conduct a search of the title in the Registry of Deeds. This information, along with the answers to the three questions above, must be provided to Service New Brunswick. Conversion to the new system is mandatory if you are mortgaging your land or buying a new property.

It is important to note that while the CRO contains a description of the parcel, this description may not be conclusive as to the boundaries of the land. If the parcel is not the subject of a current survey plan, a land surveyor must be contacted to determine the property boundaries.

Land transfer tax

The Land Transfer Tax in New Brunswick was introduced in 1983 under the Real Property Transfer Tax Act. The tax applies to all legal property, including mobile homes. The rate of tax depends on the date of the transfer registration.

Rates

• 1% of the assessed value of the property or consideration for the transfer for all property with a transfer registration date after April 1, 2016.
• 0.5% if registered between June 1, 2012, and March 31, 2016.
• 0.25% if registered before June 1, 2012.

The assessed value of the property is determined by the real value of the property at the time of registering the transfer.

Exemptions

You may be exempt from paying the Land Transfer Tax in New Brunswick if:

• Your transfer is for a lease lasting under 25 years.
• The property is transferred between an executor and a beneficiary under a will.
• The property is transferred between spouses.
• The property is transferred to a Crown Corporation.
• The property was transferred to pay off a loan or debt.

Payment Methods

There are multiple methods to pay your New Brunswick Land Transfer Tax:

• Credit Card (Visa, MasterCard, Amex, Union Pay, PayPal)
• Monthly payment plans
• Cheque (Payable to the Minister of Finance and Treasury Board, ensure your property account number is on the cheque)
• General Banking (online, telephone, teller, or ATM).
• By mail (Department of Finance and Treasury Board, P.O. Box 100, Fredericton, N.B. E3B 1B0)

Non-Payment

If you don't pay the Land Transfer Tax when you transfer the property, you will be charged interest and penalties. The monthly penalty is 0.7591% of the balance due, or 9.50% annually.

Frequently asked questions