106 Power Of Registrar To Correct Errors, Defects Or Omissions

PRACTICE

Determination of Particular Requirements

The registrar looks at all of the relevant factors before exercising discretion. An applicant should contact the registrar at the land title office where the land is registered to determine the particular requirements for the specific parcels and situation affected.

Satisfactory Evidence of Error

An example of “satisfactory evidence” of an error is a statutory declaration made by:

1. the British Columbia land surveyor who made the survey shown on the plan;
2. the subsequent holder of the surveyor’s records;
3. the Surveyor General; or
4. the surveyor who finds the error, in circumstances where the error is obvious and the original surveyor is not practising or is dead,

setting out the particulars of the error and requesting the registrar to correct the plan.

Consent of Affected Owners

The registrar may serve notice on, or require consents from, the owners of parcels that may be affected by the correction (including owners of adjacent or abutting parcels). The registrar usually requires signatures of all owners where corrections involve boundary adjustments.

Form of Correction on Plan

The form of correction on the plan is:

Electronic Plans

Statutory declarations and letters of consent are in the class of supporting documents designated by the director for electronic filing. On the Form 17 Charge, Notation, or Filing select Nature of Interest Amendment to Filed Plan and attach an image of the original statutory declaration and, if required, the letter of consent.

The director has authorized a British Columbia land surveyor to apply an electronic signature to the electronic Form 17.

Correcting Plan on Microfilm Copy

The registrar may update microfilmed or scanned copies of plans before re-filming or re-scanning. The registrar should note on the plan that the plan has been corrected by making the following reference:

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 383 of the Act regarding the registrar’s discretion to correct plans “without prejudicing rights acquired in good faith and for value”.

See Di Castri, Registration of Title to Land, vol. 1, para. 145.

CASE LAW

Discretion to Refuse Revised Plan

See the annotation for MacKay v. Ellis, Acting Registrar of Title, (1989), 5 R.P.R. (2d) 113 (B.C.S.C.), under s. 309 of the Act.