Land Title Office Stops Registering Notices of Latecomer Agreement

The Land Title and Survey Authority has recently changed its practice and will no longer accept a Form 17 Notice of Excess or Extended Services Agreement under s. 939 of the Local Government Act (also known as latecomer agreements). Land title offices had long been accepting these notices for registration against title to properties that were subject to latecomer charges, despite the fact that there is nothing in the Local Government Act that authorizes such notices to be registered. The LTSA is now cracking down, saying that they do not have the statutory authority to accept such notices for registration. If your local government practice is to register such notices, please be aware that the change in Land Title practice is already in effect.