100 Re-establishment Of Boundaries

FORMS

Application for Deposit of Reference or Explanatory Plan on Consolidation of Surveyed Parcels

Electronic Plans

For electronic plans, the director requires an electronic Application to Deposit Plan at Land Title Office. This form is available at ltsa.ca.

To deposit an electronic reference plan or an explanatory plan under s. 100(1)(b) of the Act, the plan must be accompanied by the electronic Application to Deposit Plan at Land Title Office signed by the owner in fee simple, signed with any necessary approvals and submitted with the consent of each holder of a registered charge.

Add the following note and signatures to the electronic Application to Deposit Plan at Land Title Office:

PRACTICE

Equivalent estates required to consolidate

In order to consolidate parcels of land, the estates held in each parcel must be equivalent. Where the estates held are themselves different (as distinct from being encumbered by different charges), appropriate steps must be taken to achieve equivalence in advance of the consolidation. This issue has arisen in the context of applications to consolidate adjoining parcels where one parcel is held in determinable fee (i.e., subject to a right of reverter) and the other is held in a greater estate, typically fee simple.

Equivalence of titles cannot be achieved by execution of an “extension agreement” purporting to extend the right of reverter elements in one parcel over a second parcel. A right of reverter is created by reservations in the grant of land from a previous owner and a recipient (or later) determinable fee owner cannot purport to release those reservations. Similarly, the holder of a fee simple interest in land cannot purport to add reservations into the grant of land that the holder owns. Additions or limitations in the grant must be made or released by the grantor on transfer.

Standardized Legal Descriptions

Legal descriptions for titles to land defined by subdivision and s. 100 reference plans are created using the following formatting guidelines:

• [lot designation on plan] [the root description based on the crown grant or other originating document; e.g. District Lot reference and District name] [the concurrently filed subdivision plan number]

As a result, legal descriptions for titles to land defined by such plans will follow the following examples:

• Lot 1 District Lot 100 Peace River District Plan BCP12345

Section 100 reference plans should designate new lots as “A, B, C…” or “1, 2, 3…” and not be labeled “Parcels” as the new legal descriptions will always refer to “Lots”. Accordingly, a simple reference to a lettered or numbered designation on the plan is all that is required. For example, a plan should have a designation of “A” as opposed to “Parcel A”. This will resolve inconsistencies that arise when, for instance, a s. 100 reference plan is labeled as “Parcel A” and the associated title is formatted as “Lot A”.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Part 8 of the Act for other methods of consolidation, and particularly s. 137 regarding the cancellation of interior lot lines dividing 2 or more contiguous parcels on the same plan.

See Di Castri, Registration of Title to Land, vol. 1, paras. 128, 142, 143, and 157.