A CPL is not available merely because a defendant owns real estate or may owe money. The underlying proceeding must claim an interest in the specific land. Depending on the facts, qualifying claims may involve:

• Beneficial or equitable ownership;

• Resulting or constructive trusts;

• Specific performance of an agreement of purchase and sale;

• Fraudulent transfers of real property;

• Partnership or joint-venture interests in land;

• Mortgage, lien, or priority disputes; and

• Claims to set aside a transfer or recover a proprietary interest.

The requesting party must commence an appropriate proceeding and bring a motion under Rule 42 of the Rules of Civil Procedure. The court will examine whether the pleading advances a claim to an interest in land and whether the circumstances justify registration. Depending on the procedure used, the court may require notice, security, or other safeguards.

Once issued and registered, the CPL does not establish ownership or determine the merits. It preserves notice of the asserted claim until the court orders otherwise or the proceeding is resolved.

An owner or other affected party may seek discharge where the claim does not disclose a reasonable interest in land, the proceeding is abusive or has been delayed, adequate security can replace the CPL, or the balance of convenience favours discharge. The court may impose terms concerning security, sale proceeds, undertakings, or costs.

An improperly obtained CPL can cause significant loss by preventing a sale or refinancing. Applicants should therefore assess the legal basis and evidentiary record carefully before seeking registration.