156 Application Must Be For All Lands Or Charges Comprised In Instrument

PRACTICE

Registration of an Instrument to Its “Full Extent”

The following are examples of situations in which an applicant must register an instrument to its “full extent”:

1. A transfer contains a reservation of a life estate to the transferor. To register the transfer instrument to its full extent, the applicant must apply to register the transfer and the charge by way of a life estate.
2. A charge such as a lease contains other registrable charges, such as an easement, a right of first refusal, and a restrictive covenant. To register the lease to its full extent, the applicant must apply to register the charge by way of lease, the charge by way of easement, the charge by way of right of first refusal, and the charge by way of restrictive covenant.

Applications Affecting More Than One Land Title Office

The registrar requires that applications affecting parcels in more than one land title district be submitted to only one land title office. Applicants are responsible for ensuring that documents are filed only once.

Transmission in Bankruptcy

Registration of an instrument to its “full extent” does not apply to a transmission in bankruptcy.

Registration of Judgments

Judgment against Debtor’s Property

Where a creditor applies to register a judgment against a debtor’s property, the registrar does not require evidence that the creditor has applied to register the judgment against all of the debtor’s property.

Judgment against More Than One Debtor

Where a creditor has a judgment against two or more debtors and applies to register the judgment against only one debtor’s interest in property, the registrar does not inquire if the other debtor has any interest in that property or any other property.

Registration of Option to Purchase or Right of First Refusal Where Lessee Has Less Than Three-Year Lease

If Lessee Is in Actual Occupation

Under s. 156(5), a lessee in actual occupation may register an option to purchase or right of first refusal without registering the lease in which it is contained if the lease is for a term not exceeding three years and if the lessee deposits the option or right of first refusal together with an application to register and:

1. a statutory declaration stating that the lessee is in actual occupation and does not wish to register the lease; or
2. a letter to the same effect from the lessee’s solicitor, provided that the solicitor also states in the letter that the solicitor has personal knowledge of the facts.

If Lessee Is Not in Actual Occupation

If the lessee is not in actual occupation, the registrar will refuse registration of the option or right of first refusal unless there is a concurrent application to register the lease.

If Right of Renewal Extends Lease beyond Three Years

If a right of renewal extends the term of the lease beyond three years, s. 156(5) does not apply, and the lessee must apply to register the lease in order to register the option to purchase or right of first refusal contained within it.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, §12:8, §12:11, §12:15, §12:18, and §17:16, and vol. 3, §18:31.

CASE LAW

Concurrent Applications

The appellant, as purchaser, applied to register a right to purchase 14 parcels of land owned by the vendor. The contract of purchase and sale was a single contract for the sale of all 14 parcels. When submitted for registration the parcels were grouped in five groups under five separate application numbers. The registrar refused to register them in that form, asserting that the right to purchase must be registered to the fullest extent of the contract and that all of the parcels must be on one application. The court allowed the appeal under s. 156 on the ground that the restriction in s. 156(1) requiring registration to the “full extent to which the registration is effectual” is intended to prevent confusion about the extent of the rights conferred by registration. In this case, all of the interests were dealt with by the instrument and no confusion about the extent of the rights conferred by registration arose. Therefore, although the interests were dealt with in several concurrent applications, the applications for registration submitted by the appellant did not offend s. 156 (Tarmac Management Ltd. v. British Columbia (Registrar of Land Titles), 1997 CanLII 1662 (BC SC)).

Leases with Options to Purchase

A lessee who is in actual occupation and who has a lease for less than three years with an option to purchase may register either the lease without the option or the option without the lease. Constructive occupation falling short of actual occupation is insufficient (Trotzuk v. Zilka, 1946 CanLII 207 (SK CA)).