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In This Volume

  • 10 (1) An estate in fee simple must not be changed into a limited fee or fee tail, but the land, whatever form of words is used in an instrument, is and remains an estate in fee simple in the owner.
  • (2) A limitation which, before June 1, 1921, would have created an estate tail transfers the fee simple or the greatest estate that the transferor had in the land.
  • (3) This Act does not prevent the creation of a determinable fee simple or a fee simple defeasible by condition subsequent.
  • (4) A possibility of reverter or a right of entry for condition broken may be registered under the Land Title Act against the title to the land affected in the same manner as a charge.

1979-340-10.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Determinable Fee and Fee Simple on Condition

See the “Practice” notes under s. 186 of the Land Title Act in this Manual regarding the registration of a determinable fee or a fee simple on condition.

Interest or Right Reserved to Transferor

See s. 181 of the Land Title Act in this Manual regarding registration of title in fee simple in circumstances in which an interest or right is reserved to the transferor.

Registration of Title to Charges

See s. 197 of the Land Title Act in this Manual.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 45, 243, 248, and 249.

CASE LAW

Registration of Possibility of Reverter

Section 10(4) sets out the manner in which a possibility of reverter will be registered. The section does not say that due to its registration a possibility of reverter becomes a “charge”. Rather, the wording suggests the opposite: the possibility of reverter is registrable despite not being a charge (Westsea Construction Ltd. v. British Columbia (Registrar, Land Title Office), 1995 CanLII 1087 (BC SC); see also the annotations for this decision under s. 8 of this Act and ss. 1 and 231 of the Land Title Act in this Manual).