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In This Volume

  • 157 (1) If an application is made in the appropriate approved form, the form must appear on the first page at least 1 1/2 inches from the top of the instrument tendered for registration unless the registrar allows the form to appear elsewhere, and must be signed by the applicant or the applicant’s solicitor or authorized agent.
  • (2) If no instrument is required to be produced in support of an application under section 154 or 155, the approved form may be included in a letter or other document satisfactory to the registrar.
  • (3) The signature of a person to the form implies a statement by the signatory that the applicant
  • (a) is applying for registration under this Act,
  • (b) is entitled to be registered, as applicable,
    • (i) as the owner in fee simple of the land described, or
    • (ii) as the owner of the charge specified over the land described, and
  • (c) claims registration accordingly.
  • (4) A signatory to the form, unless he or she is the applicant, must state whether he or she is acting as solicitor or the authorized agent for the applicant, and if the signatory fails to so state, he or she is deemed to state that he or she is the duly authorized agent for the applicant.
  • (5) Unless otherwise stated in the form, the address of the person entitled to be registered as owner is deemed to be that shown in the instrument.
  • (6) If a signatory to the form is an agent, his or her signature to the application is deemed to state that he or she is the duly authorized agent for the applicant and has reached 19 years of age.

1979-219-154; 1987-15-31, effective March 23, 1987 (B.C. Reg. 323/87); 2004-66-91, effective January 20, 2005 (B.C. Reg. 16/2005); 2018-37-17, effective November 15, 2019 (B.C. Reg. 171/2019).

PRACTICE

Entitlement of Person Applying to Cancel Charge

Although Form 17 requires, in relation to the cancellation of a charge, the full name of the person “entitled” to cancellation, s. 157(3)(b) does not contain a corresponding statement that the person applying to cancel a charge is “entitled” to make application. This point may be important in an application to register a surrender of lease, because a lessor should concur in a surrender of lease. Registrars can properly call for further evidence under s. 241 of the Act to resolve any doubt on this point.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Address of Applicant

See s. 149 of the Act regarding requirements relating to the applicant’s address.

Cashier’s Time Clock Stamp

The space required at the top of the first page of an approved form is required by the land title office in order to stamp the application upon receipt. See s. 153 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 121.