212 Notice To Judgment Creditor Of Intention To Register

212 (1) If an application is made to register an instrument under which the applicant claims

(a) registration as an owner of an estate in fee simple or an estate or interest by way of charge, or
(b) cancellation of a charge registered against the title to the applicant’s land,

(c) the grantor of the fee simple,
(d) the person who created the estate or interest to be registered as a charge, or
(e) the holder of the charge to be cancelled,

the registrar may, despite section 86(3)(c) of the Court Order Enforcement Act, if the applicant claims priority to the judgment, serve a notice in the form approved by the director on the judgment creditor.
(2) In addition to any other method of service, the notice may be served by leaving it at the address for service of the judgment creditor shown on the certificate of judgment, whether or not the judgment creditor is in occupation of premises at that address.
(3) If a judgment creditor claims a lien on land because of the judgment, the judgment creditor must, within the time set by the registrar’s notice, follow the procedure provided in Part 5 of the Court Order Enforcement Act for enforcing the judgment creditor’s charge, and register a certificate of pending litigation; otherwise the registrar may effect registration or cancellation, as applied for, free from the judgment, and cancel the judgment as to the estate or interest in the land so registered or as to the charge so cancelled.

1979-219-210; 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94); 2004-66-104, effective January 20, 2005 (B.C. Reg. 16/2005).