215 Registration Of Certificate Of Pending Litigation In Same Manner As Charge

• 215 (1) A person who has commenced or is a party to a proceeding, and who is

• (a) claiming an estate or interest in land, or
• (b) given by another enactment a right of action in respect of land,

• may register a certificate of pending litigation against the land in the same manner as a charge is registered, and the registrar of the court in which the proceeding is commenced must attach to the certificate a copy of the pleading or petition by which the proceeding was commenced, or, in the case of a certificate of pending litigation under Part 5 of the Court Order Enforcement Act, a copy of the notice of application or other document by which the claim is made.
• (2) The land affected by the certificate of pending litigation must be described in a manner satisfactory to the registrar.
• (3) On registration of a certificate of pending litigation, the registrar must forthwith mail a copy to the owner against whose title the certificate has been registered.
• (4) If, after registration of a certificate of pending litigation, a change of parties occurs, the registrar,

• (a) on receiving a certificate of pending litigation showing the new party, and
• (b) on compliance with this Act,

• must register the certificate of change in the same manner as a modification of a charge.
• (5) Despite subsection (1), if a person entitled to enforce a restrictive covenant or building scheme has commenced an action to enforce it, the person may register under this section a certificate of pending litigation in the form approved by the director against land in respect of which a breach is alleged to have occurred.
• (6) A party to a proceeding for an order under the Family Law Act respecting the division of property may register under this section a certificate of pending litigation in the form approved by the director in respect of any estate or interest in land the title to which could change as an outcome of the proceeding.
• (7) Despite subsection (1), a person who has commenced an action under the Wills, Estates and Succession Act may register a certificate of pending litigation in the form approved by the director against the land affected.
• (8) A judgment creditor who

• (a) applies under section 9 of the Fraudulent Preference Act, and
• (b) in the application, claims to be entitled to register the judgment against the land in respect of which the application was made, or against the judgment debtor’s or another person’s interest in the land,

• may register a certificate of pending litigation in the form approved by the director against the land.

1979-219-213; 1982-60-57, proclaimed effective August 1, 1983; 1992-55-1, 2, 18, 19, effective October 1, 1994 (B.C. Reg. 300/94); 2004-66-104, effective January 20, 2005 (B.C. Reg. 16/2005); 2010-6-64, effective July 1, 2010; 2011-25-394, effective March 18, 2013 (B.C. Reg. 131/2012); 2009-13-227, effective March 31, 2014 (B.C. Reg. 148/2013).