187 Registration Of Transferee

PRACTICE

Transfer to Holder of a Right to Purchase

Merger of Right to Purchase

On the request of the applicant, the registrar merges a right to purchase on registration of a conveyance to the holder of that right to purchase, resulting in the removal of the charge from the new title issued in the holder’s name. Applicants should request merger by adding a request such as “Merge right to purchase” in Item 1 (Application) of Form A.

Mortgage of Right to Purchase Enlarged

A mortgage previously shown as a mortgage of the right to purchase will, upon registration of title in the name of the holder of that right to purchase, be shown by the registrar as a mortgage of the fee on the mortgagor’s new certificate of title. No express enlargement words are needed in the instruments. See s. 30 of the Property Law Act, reproduced below.

Cancellation of Duplicate Indefeasible Title

The registrar cancels a duplicate indefeasible title upon receipt unless the applicant specifically requests that the registrar not cancel it until the registrar has processed the application for registration of a transfer.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Registration of Transfer, Extension, or Modification of Charge

See s. 206 of the Act regarding the registrar’s obligations upon receipt of an application for registration.

Effect of Mortgage by Purchaser

Section 30 of the Property Law Act provides:

• 30 Until it is discharged, a mortgage by a purchaser or subpurchaser of the purchaser’s or subpurchaser’s interest under an agreement for sale of land or subagreement for sale of land charges the present and future interest in land acquired by the purchaser or subpurchaser under the agreement or subagreement, unless otherwise expressly provided in the mortgage.

Dealings with Duplicate Indefeasible Title in Case of Transfer

See s. 189 of the Act, which requires that the holder of a duplicate indefeasible title to land for which the holder has given a transfer must deliver the duplicate to the registrar for cancellation.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, §8:63 and §8:72, and vol. 2, paras. §15:4 and §15:13.

CASE LAW

Duplicate Certificates of Title

Notes on Case Law: Cases involving the use and production of duplicate certificates of title are discussed under s. 189 of the Act.

Good Safe Holding and Marketable Title

In Smith v. Graham, 2009 BCCA 192, the court adopted the registrar’s description of a good safe holding and marketable title as a title where (1) the possession of the person on title is safe from attack and the person cannot be displaced (safe holding) and (2), so far as its antecedents are concerned, the title may at all times and under all circumstances be forced upon an unwilling purchaser (marketable). In this respect, a person’s title is doubtful if there is an issue that would lead a reasonable purchaser to question the title and thus refuse to complete a transaction. For a further annotation of this case in relation to alter ego trusts, see s. 180 of the Act.