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In This Volume

  • 131 (1) Subject to sections 132(3) and 133(3), the registrar, by order after hearing a petition under this Part, may do one or more of the following:
  • (a) cancel or alter or refuse to cancel or alter
    • (i) the plan referred to in the petition, or
    • (ii) a public area
  • or any part of either of them;
  • (b) in the circumstances described in section 135, consolidate into a single parcel
    • (i) land that ceases to be a public area, and
    • (ii) land of the petitioner;
  • (c) direct that any land that ceases to be a public area be consolidated into a single parcel with land of the petitioner, as a condition of registering a transfer from the Crown to the petitioner of the land that ceased to be a public area;
  • (d) extend any charge or encumbrance registered against a parcel in the plan affected by the petition over other land in the plan and direct that the charge or encumbrance, as extended, vest in the owner of the charge or encumbrance;
  • (e) register in the name of the Crown in right of British Columbia an indefeasible fee simple title to any land that ceases to be a public area and direct that the title be encumbered by any easement, statutory right of way or other interest that the registrar considers necessary to
    • (i) protect existing utilities and assure anticipated utilities, and
    • (ii) assure the rights of adjoining owners as to entry and exit, whether of a public or private nature.
  • (2) An order of the registrar under this section
  • (a) may be made on terms the registrar considers necessary, and
  • (b) may be made conditional on the creation, enlargement, extension, cancellation or registration of any interest that the registrar considers necessary to give effect to a term of the order.
  • (3) An order of the registrar that cancels or alters the boundaries of a public area extinguishes the dedication or establishment of the public area or of that part of it that ceases to be a public area as a result of the cancellation or alteration.

1979-219-131; 1993-52-1.