Land Title Practice Manual

155 Application For Registration Of Charge

In This Volume

  • 155 (1) If the title to an estate in fee simple has been registered or registration has been applied for, a person not entitled to be registered in fee simple, claiming to be registered as owner of a charge on the land, whether the charge is in respect of a present and vested right or a future or contingent interest, must apply in the form approved by the director to the registrar for registration of the charge, and if registration of the fee simple has been applied for by an application that is pending, the application for registration of a charge must await the result of the application for registration of the fee simple.
  • (2) If, before June 1, 1921, an estate less than the fee simple has been granted by the Crown and a charge has been registered in respect of it, a person claiming under a subsequent dealing with the charge may apply for registration in the form approved by the director and adapted to suit the circumstances.
  • (3) If a registered charge
  • (a) is transferred either absolutely or conditionally, or
  • (b) by agreement between the parties,
    • (i) is modified or extended, or
    • (ii) is postponed to another charge,
  • the transferee or a party to the agreement may apply for registration in the form approved by the director and adapted to suit the circumstances.

1979-219-152; 2004-66-89 and 90, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Use of Form 17 with General Instrument Reserving an Interest in Land to Transferor

See the General Instrument Form Completion Instructions in the Green Book which provide that, on submission to the land title office of an instrument attached to a Form C, a separate application is not necessary unless the instrument also creates, excepts or reserves an interest in land in favour of the transferor that is capable of registration under the Land Title Act. In that case, in addition to submitting the Form C, the transferor must apply to register that interest in Form 17.

Submissions

For an electronic submission of a Form C that contains an Exception, Reservation, or Condition, the Exception, Reservation, or Condition must be clearly defined in Item 3 of the electronic Form C. The transferor must apply to register that interest in an electronic Form 17 Charge, Notation or Filing.