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In This Volume

  • 16 (1) An instrument purporting to transfer, charge or otherwise deal with land or to transfer, release or otherwise deal with a charge need not be executed under seal.
  • (2) The fixing of a corporate seal to an instrument has the same effect as if the instrument were executed by an individual without a seal unless the provisions of the instrument, by express words or by necessary implication, include an intent by the parties to it that the instrument is to take effect as a deed.

1979-340-16; 1989-69-36, proclaimed effective April 1, 1990 (B.C. Reg. 53/90).


Effect of Execution under Seal for Land Title Purposes

See s. 48 of the Land Title Act in this Manual.

Execution under Corporate Seal

For land title purposes, a corporation need not execute under its corporate seal. See s. 165(4) and (5) of the Land Title Act in this Manual. As to witnessing instruments for corporations, see s. 44 of the Land Title Act in this Manual.

Effect of Deed Executed by Attorney under Seal

See s. 7 of the Power of Attorney Act, R.S.B.C. 1996, c. 370, which provides:

  • 7 A deed executed by an attorney under the seal of the attorney on behalf of a donor, whether an individual or corporation,
  • (a) is binding on the donor if it comes within the scope of the attorney’s authority, and
  • (b) is of the same effect as if it were under the seal of the donor.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 236, 275, and 292, and vol. 2, paras. 363 and 424.