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In This Volume

  • 18 (1) A person may transfer land to himself or herself in the same manner as to another person, and, without restricting that power, a joint tenant may transfer his or her interest in land to himself or herself.
  • (2) A trustee or personal representative may transfer land to himself or herself in his or her personal capacity.
  • (3) A transfer by a joint tenant to himself or herself of his or her interest in land, whether in fee simple or by a charge, has and is deemed always to have had the same effect of severing the joint tenancy as a transfer to a stranger.
  • (4) A registered owner may make a transfer directly to himself or herself jointly with another, and registered owners may make a direct transfer to one or more of their number either alone or jointly with another.
  • (5) An owner in fee simple or an owner of a registered lease or sublease may grant to himself or herself an easement, a restrictive convenant, or a party wall agreement as defined in section 223.1 of the Land Title Act over land that he or she owns for the benefit of other land that he or she owns in fee simple, or of which he or she is the owner of a registered lease or sublease, but a grant under this subsection must be consistent with the interests held by him or her as grantor and grantee at the time of the grant.
  • (6) A corporation that owns land in fee simple and is a member of the class of persons named in section 218 of the Land Title Act, may grant or reserve a statutory right of way over the land to itself.
  • (7) Common ownership and possession of the dominant and servient tenements does not extinguish an easement.
  • (8) Common ownership and possession of the burdened and the benefited land does not extinguish a restrictive covenant.
  • (9) Common ownership and possession of the burdened and the benefited land does not extinguish a party wall agreement as defined in section 223.1 of the Land Title Act.

1979-340-18; 2012-18-72.

PRACTICE

Grants to Oneself

This section permits, under the circumstances prescribed, the granting to oneself of an easement, a restrictive covenant, a party wall agreement, and a statutory right of way. Other transactions, and specifically those involving contracts with oneself, including but not limited to the following, do not fall within this section:

  1. an agreement for sale made between A and A;
  2. a mortgage from A to A;
  3. a lease from A to A;
  4. a rent charge from A to A; and
  5. an equitable charge from A to A.

In addition to the grants named in s. 18 of the Property Law Act, the Registrar accepts a grant to oneself of a covenant made pursuant to s. 219 of the Land Title Act in accordance with Burmont Holdings Ltd. v. Chilliwack (District), 1994 CanLII 3326 (BC SC), which resulted in the recognition of a grant to oneself by the District of Chilliwack of a covenant made pursuant to s. 219(1) of the Land Title Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Interpretation of “Transfer” and “Conveyance”

Section 1 of the Act gives the word “transfer” the same meaning assigned to it in the Land Title Act. Section 1 of the Land Title Act defines “transfer” to include a conveyance, grant, and assignment; however, that Act does not define “conveyance”. The registrar reviews any matter where the precise meaning of “conveyance” is in issue. See the discussion on the “Interpretation of Words and Phrases” at the “Introduction” in this Manual.

Registration of Joint Tenancy

See ss. 173 and 177 of the Land Title Act in this Manual.

Severance of Joint Tenancy by Conveyance or Mortgage

See the “Practice” notes under s. 177 of the Land Title Act in this Manual.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 62, 173, 251 to 260, and 269 to 271, vol. 2, paras. 332, 337, and 678, and vol. 3, para. 830.

CASE LAW

Granting of Restrictive Covenant to Self

See the annotations for Burmont Holdings Ltd. v. Chilliwack (District), 1994 CanLII 3326 (BC SC), under s. 35 of the Property Law Act and s. 219 of the Land Title Act in this Manual.