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In This Volume

  • 118 (1) If a statutory right of way plan tendered for deposit has endorsed on it a certificate of the Surveyor General certifying that
  • (a) the water boundary, as shown on the statutory right of way plan, deemed to be the natural boundary, as defined in the Land Act, of the land included within the statutory right of way plan, and
  • (b) a designated area within the statutory right of way plan, not included in the title of the registered owner to be affected by the deposit of the statutory right of way plan, is incorporated in the registered owner’s title,
  • on the deposit of the statutory right of way plan, and even if
  • (c) the water boundary shown on the plan does not agree with the natural boundary shown on a plan already on deposit in the land title office, and
  • (d) the area designated is not included in the registered owner’s title,
  • the certificate is conclusive evidence that
  • (e) the registered owner has established a good safe holding and marketable title in fee simple to the designated area, and
  • (f) that the registered owner’s indefeasible title to the land adjoining that area is the registered title to that area.
  • (2) If an indefeasible title under subsection (1) is endorsed with a registered charge, on the deposit of the statutory right of way plan, the charge is extended to include the area referred to in subsection (1).
  • (3) The registrar, after notice accompanied by a copy of the plan to all affected registered owners, must amend the records accordingly.
  • (4) The indefeasible title under subsection (1) must be amended by adding to the legal description of the land “including the area designated on SRW Plan No. ___________”, followed by the date and the registrar’s initials.
  • (5) The duplicate indefeasible title, if any, and if not on deposit, must be delivered to the registrar, who must return it to the holder after making the necessary amendments.
  • (6) On amendment of the existing indefeasible title as provided in subsection (4), the registrar may register a new indefeasible title in the name of the registered owner that incorporates the substance of the amendment.
  • (7) An application under this section for endorsement by the Surveyor General must be accompanied by the fees payable under this Act.

1979-219-118; 1982-60-29, proclaimed effective August 1, 1983; 2003-66-41; 2004-66-80 and 82, effective January 20, 2005 (B.C. Reg. 16/2005).

PRACTICE

Right of Way Plans Involving Water Boundaries

A BC Land Surveyor acting on behalf of an owner may only make application under this section if the bed of the body of water upon which the land fronts belongs to the provincial Crown. The following procedures apply:

Electronic Plans

In the case of a statutory right of way, if there is consent to include accreted land in the plan, the British Columbia land surveyor adds the following notation:

LAND TITLE ACT, SECTION 118(1)(b)
THE UNREGISTERED LAND ADJOINING LOT ______ (COMPLETE LEGA DESCRIPTION) IS ACCRETED LAND.

The following signature block is included in an electronic Application to Deposit Plan at Land Title Office:

CERTIFICATE UNDER THE LAND TITLE ACT, SECTION 118(1)(b).
THE UNREGISTERED LAND INCLUDED WITHIN PLAN EPP _____ AND ADJOINING LOT _________________________________ (COMPLETE LEGAL DESCRIPTION) IS DEEMED TO BE LAWFULLY ACCRETED LAND ADJOINING CROWNLAND.
________________
(SIGNATURE)
________________
SUREVYOR GENERAL
(FILL IN NAME)
________________ (DATE)
  • (3) Signature of Surveyor General
    • Electronic Plans
    • The British Columbia land surveyor, owner, or agent must submit the electronic Application to Deposit Plan at Land Title Office and the accompanying plan to the Surveyor General for signature.
  • (4) After the plan is signed by the Surveyor General, it is returned to the land surveyor, owner, or agent for deposit in the land title office.

Endorsement of Certificate

See the practice discussion under s. 94 of the Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

For further information see Surveyor General’s Circular Letter No. 477A, April 6, 2020, reproduced at “Re: Accretion and Natural Boundary Adjustment Applications to the Surveyor General Pursuant to Sections 94(1) and 118(1) of the Land Title Act (C.L. No. 477A)” in this chapter.