Land Titles Act · 1985 Revised Edition · Part X · Transmissions
96. Transmission on death of proprietors in severalty
Feedback & supportPersonal representatives or any other persons claiming land of a deceased proprietor may apply in the prescribed form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim the Registrar shall enter on the folio of the land-register, or on the instrument of mortgage, charge or lease, as the case may be, a memorial of registration as provided by section 28.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative shall not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
The Registrar may at his discretion register a transmission application by a person claiming under a will or intestacy in respect of which representation has not been taken out where he is satisfied that the value of the estate does not exceed $3,000.
For the purposes of this section, “personal representative” includes —
the administrator of an executor; and
the executor of an administrator,in any case in which administration de bonis non administratis has not been granted.[92