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In This Volume

  • 195 (1) On an application to register a charge by way of mortgage or agreement for sale, the duplicate indefeasible title, if any, must be surrendered to the registrar for cancellation.
  • (2) When all charges referred to in subsection (1) appearing in the register have been cancelled, the registrar may, on request of the registered owner in fee simple, issue to the registered owner a duplicate indefeasible title and deliver it to the registered owner or that owner’s nominee.

1979-219-191; 1982-60-54, proclaimed effective August 1, 1983.


When the duplicate indefeasible title is out, financial dealings with the title, such as a mortgage or agreement for sale, are prohibited. However, a mortgage of a statutory right of way is not a financial dealing with the indefeasible title and, therefore, the registered owner of the statutory right of way can mortgage the right of way without depositing the duplicate indefeasible title in the land title office.

Note also that filings under the Personal Property Security Act regarding fixtures and growing crops are not considered to be interests in land and thus may be registered when the duplicate indefeasible title is out.


Application for Duplicate Indefeasible Title

See s. 176 of the Act regarding an application for issuance of a duplicate indefeasible title.

Surrender of Duplicate Indefeasible Title on Registration of Transfer

An applicant must surrender a duplicate indefeasible title on application to register a transfer. See ss. 187 and 189 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 54.


Use of Duplicate Certificate of Title as Security

See the annotation for Royal Bank v. Mesa Estates Ltd., 1985 CanLII 336 (BC CA), under s. 189 of the Act.