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In This Volume

  • 11 (1) Where a subdivision plan tendered under section 83 of the Act shows
  • (a) 2 or more lots that do not abut a highway (including a highway proposed to be dedicated by the plan), and
  • (b) a lot that is contiguous to both that highway and to each of the other lots,
  • the approving officer may approve the subdivision plan in accordance with this section.
  • (2) An undivided share in the fee simple of the lot referred to in subsection (1)(b) shall be combined on the same indefeasible title with each one of the lots referred to in subsection (1)(a) and there shall be no unallotted share.
  • (3) If any part of the land subdivided is subject to a charge that does or may under any circumstances entitle the holder or his successors to possession, that charge must be extended to include the lands proposed to be combined with the charged land.
  • (4) The plan presented to the approving officer shall contain a table listing serially in the left column the lots referred to in subsection (1)(a), and opposite each of them in the right column the undivided share of the lot referred to in subsection (1)(b) that is to be combined with each of the lots listed in the left column.
  • (5) Upon approval, the approving officer shall sign the plan in the manner provided by section 88 of the Act, but using the words “approved under the Land Title Act, see B.C. Reg. 334/79”.
  • (6) Before approving the plan, the approving officer may require that the lot referred to in subsection (1)(b) be designated both as a lot and as a private road, and that the private road be constructed so as to provide sufficient access to each of the lots referred to in subsection (1)(a).
  • (7) Having regard to the nature of the subdivision and the purpose for which the private road is intended, an approving officer may require
  • (a) that the standards in Part VII of the Act apply, and
  • (b) that an existing subdivision control bylaw or a development permit be complied with in whole or in part.
  • (8) An approving officer may require the subdivider to enter into one or more covenants registerable under section 219 of the Act with respect to the lot referred to in subsection (1)(b), and, in doing so, shall take into consideration whether that lot is to be used
  • (a) solely as a private road, including a utility right of way, or
  • (b) in a designated part as a private road, including a utility right of way, with the balance as a private park, garden, recreational area, parking or service area, or for another use having common benefit or utility to purchasers of parcels in the subdivision.
  • (9) An approving officer may require the granting of a statutory right of way as defined in the Act over the lot referred to in subsection (1)(b) for municipal or public utility purposes.
  • (10) On the deposit of the plan, the indefeasible title registered under section 98 of the Act shall describe the lands in this style: “Lot 1 and an undivided 1/50th share in Lot 51 (etc.)” and together they shall constitute a single parcel.
  • (11) Land included within a subdivision plan approved under this section may be further subdivided, provided that the subdivider’s undivided share in the land referred to in subsection (1)(b) shall be completely allocated to the new lots shown on the resubdivision plan.

[B.C. Reg. 366/79, s. 3; B.C. Reg. 267/83, s. 3.]