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In This Volume

  • 193 (1) On the registrar being satisfied by affidavit that a duplicate indefeasible title has been lost or destroyed, and on advertisement of the registrar’s intention published for such time in one or more newspapers, or in the Gazette, or in both, as the registrar considers necessary and proper, the registrar may issue a provisional indefeasible title instead of the duplicate indefeasible title lost or destroyed.
  • (2) The provisional indefeasible title must contain an exact copy of the corresponding indefeasible title kept in the register, and of every endorsement on it, and must state the reason why it is issued and refer to the document filed as evidence of loss or destruction by its filing number.
  • (3) The registrar must note on the register the issue of the provisional indefeasible title and the date of issue and refer to the document filed as evidence of loss or destruction by its filing number.
  • (4) The registrar may dispense with the advertisement of intention or may substitute the posting of a notice in the land title office if the registrar is satisfied of the destruction of the duplicate indefeasible title or of its loss under such circumstances that it could not fall into other hands and that advertisement may safely be dispensed with.
  • (5) The registrar may, on the surrender of a defaced or mutilated duplicate indefeasible title, issue a provisional indefeasible title in place of it.

1979-219-189; 1982-60-53, proclaimed effective August 1, 1983; 2004-66-76, effective January 20, 2005 (B.C. Reg. 16/2005)

PRACTICE

Procedures Followed by Registered Owner and Registrar

Where a duplicate indefeasible title has been lost or destroyed and cannot be produced, the registered owner and the registrar follow the following procedures:

  1. The registered owner must file proof of loss or destruction by affidavit with the registrar:
    1. stating the indefeasible title number, legal description of the land, and name of the registered owner;
    2. describing particulars as to delivery of the duplicate indefeasible title from the time it was taken from the land title office to its receipt by the registered owner and the circumstances of its loss and efforts made to find it;
    3. stating that the registered owner has been in uninterrupted legal possession of the land for a certain number of years without any adverse claim having been made on him or her;
    4. stating that he or she has never pledged the duplicate indefeasible title or hypothecated it by way of security for a loan or otherwise except as set out in the affidavit; and
    5. stating the present market value of the land including any improvements on it.
  2. Where the duplicate indefeasible title has passed through several hands after delivery from the land title office, the registered owner should obtain affidavits from each party so as to establish the continuity or chain of events leading to the loss or destruction.
  3. If satisfied with the proof of loss or destruction, the registrar supplies the applicant with the form of notice to be published in the B.C. Gazette for a specified number of insertions. In some cases the registrar may dispense with publication under s. 193(4). The following is an example of the form of publication.
  4. The registered owner or his or her agent files a statutory declaration establishing that the applicant has complied with the advertising requirements of the registrar.
  5. If satisfied that the applicant has met the advertising requirements, the registrar cancels the duplicate. In practice, since computerization, a provisional certificate of title is not issued.
Electronic Applications

The initial application to the registrar may be made electronically using the electronic Form 17 Charge, Notation, or Filing and selecting as the Nature of Interest Provisional Indefeasible Title. The proof of loss or destruction by statutory declaration from the registered owner(s) or, where applicable, from the party(ies) whose hands the duplicate indefeasible title has passed through and, where applicable, subsequent proof of advertising may be attached to a corrective declaration and submitted following the initial application.

The initial application receives preliminary examination prior to receiving an immediate application number, date, and time.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Effect Given to Provisional Indefeasible Titles

See s. 194 of the Act.

Provisional Certificate of Title to Minerals

The registrar may issue a provisional certificate of title to minerals where an owner has lost a certificate of title to minerals. See s. 196 of this Act.

Equitable Mortgage or Lien Not Registrable

Note that an equitable mortgage or lien created by the deposit of a duplicate indefeasible title is not registrable. See s. 33 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 300.