122 Enforcement Registration of instruments
(a) a writ of enforcement, or
(b) a registerable instrument other than a writ of enforcement
that
(i) charges generally the property interest of a person, or
(ii) binds in the same manner as a writ of enforcement the
property interests of a person.
(2) Notwithstanding this or any other Act, no instrument that is
presented to the Registrar shall charge or have any binding effect
on any land in which the debtor has an interest unless a
memorandum of the instrument has been endorsed on the
certificate of title for that land.
(3) A person presenting to the Registrar an instrument for
registration shall provide to the Registrar a statement in the
prescribed form setting out the land in which the debtor has an
interest and the debtor's interest in the land.
(4) When the Registrar
(a) accepts an instrument for registration, and
(b) is provided with a statement referred to in subsection (3),
the Registrar shall register the instrument and endorse a
memorandum of the instrument on the certificate of title to the land
specified by the creditor.
(5) At any time after the registration of an instrument under
subsection (4), the creditor may, on providing to the Registrar a
statement referred to in subsection (3), require the Registrar to
endorse a memorandum of the instrument on the certificate of title
for other land in which the debtor has an interest.
(6) On making a memorandum on a certificate of title under
subsection (4) or (5), the Registrar shall forthwith send by mail
addressed to
RSA 2000
(a) the registered owner of the land at the address stated on the
certificate of title, and
(b) the debtor, if the debtor is not the registered owner of t he
land, at the address provided by the creditor,
a notice of the instrument and of the debtor's interest in the land.
(7) Where a memorandum of an instrument or a caveat protecting
the instrument is endorsed on a certificate of title,
(a) in the case of an instrumen t that is a writ of enforcement, all
legal and equitable interests of the debtor in the land
included in the certificate of title are bound by the writ of
enforcement during the period of time that the instrument is
in force, and
(b) in the case of an instr ument other than a writ of
enforcement, the interests of the debtor in the land included
in the certificate of title are bound or charged in accordance
with the Act that authorized registration of the instrument
during the period of time that the instrument is in force.
(8) If the obligation in respect of which an instrument was
registered has been satisfied, the creditor shall furnish the debtor
with a registerable discharge of that instrument.
(9) A creditor who, without reasonable cause, files or continues the
registration of an instrument is liable to make compensation to any
person who has sustained damage by that filing or continuation.
(10) Any reference in this section to an instrument that is a writ of
enforcement includes a reference to a writ of execution with
respect to any writ of execution that was registered against land
before the coming into force of the Civil Enforcement Act.
2000 c14 s7