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In This Volume

  • 185 (1) A transfer of a freehold estate must be in the form approved by the director and on a single page.
  • (2) This section does not apply
  • (a) if a form of transfer is prescribed by another enactment, or
  • (b) if, in the opinion of the registrar, it would be proper to accept another form of transfer.
  • (3) Nothing in subsection (1) precludes the addition, in the approved form, of an additional or necessary party.

1979-219-181; 1991-12-1, effective May 1, 1992 (B.C. Reg. 33/92); 2004-66-96 and 2004-66-97, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Form A Freehold Transfer

The director has approved the use of Form A for the transfer of a freehold estate. The use of Form A is compulsory.

The Form A, Freehold Transfer, is available on ltsa.ca or in Web Filing using a myLTSA Enterprise account.

Completion of Form A

An applicant must complete all parts of Form A in accordance with the Freehold Transfer Form Completion Instructions. Only the registrar may allow exceptions to this requirement. A Form A that is not completed in accordance with the instructions does not operate to pass the interest granted. The registrar has the discretion to approve another form of transfer in circumstances the registrar considers appropriate.

Completion instructions for an electronic Form A are set out in the

  • Green Book; and
  • Land Title Web Filing Form Practice Guides;

the latter of which is available at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications”.

Additional Pages

Additional pages required to accommodate transferor and officer signatures must be in Form D. Any pages attached as a schedule must be in Form E.

PRACTICE

A Form A is not the appropriate form where a transfer is made for no consideration (for example, a gift). In such cases, an applicant should consult with the registrar as to an acceptable alternate form of transfer. Note that nominal consideration (for example, $1.00) is acceptable consideration.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Implied Covenants

Under s. 186 of the Act, every transfer in the form approved by the director is deemed to include the covenants of title set out in the Land Transfer Form Act, R.S.B.C. 1996, c. 252, reproduced in chapter 48 (Land Transfer Form Act, R.S.B.C. 1996, c. 252) of this Manual.

Transfers Made for No Consideration

See s. 32 of the Act regarding the validity of registered voluntary conveyances.

Property Law Act

Every transfer operates as an absolute transfer of all right and title that the transferor has in the land at the time of execution, unless a contrary intention is expressed in the transfer. See s. 19 of the Property Law Act, R.S.B.C. 1996, c. 377.

Federal Real Property and Federal Immovables Act

The Federal Real Property and Federal Immovables Act, S.C. 1991, c. 50 deals with grants of, leases of, and title to public lands belonging to Her Majesty in right of Canada, or over which the government of Canada has a power to dispose. Under s. 9 of the Act, a grant of federal real property by letters patent or by an instrument of grant stating that it has the same force and effect as if it were letters patent operates as a conveyance of a fee simple.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, paras. 121, 228, 231, 235, and 243, and vol. 2, para. 397.