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In This Volume

  • 233 (1) An instrument to which this Division applies must comply with this section unless
  • (a) another enactment requires a general instrument to be in a form different from that required by this section, or
  • (b) the registrar considers it would be proper to accept another form of general instrument for registration
  • (2) An instrument to which this Division applies must be in the form of a general instrument.
  • (3) Except as provided in section 237, a general instrument must be in 2 parts.
  • (4) Part 1 of a general instrument must be in the form approved by the director, must be completed in the manner approved by the director and must contain the following:
  • (a) the parties to the instrument;
  • (b) the legal description of the land affected by the instrument;
  • (c) a description of the interest created, discharged or otherwise affected by the instrument;
  • (d) the signatures of the transferor and witness in accordance with Part 5;
  • (e) the signature of the transferee if the instrument requires the signature of the transferee;
  • (f) terms that, if contained in the instrument, are required by regulation to be included in Part 1 of the instrument;
  • (g) other information required by the director.
  • (5) In approving a form under subsection (4), the director may
  • (a) require Part 1 of the general instrument to be on a single page,
  • (b) permit the addition of one or more pages to accommodate an additional or necessary party or any other addition the registrar requires or considers necessary,
  • (c) specify the information or material that must be set out on the first page and on any additional page,
  • (d) specify the information or material that is permitted to be set out on the first page or on any additional page, or
  • (e) specify any other requirements as to the format and content of the approved form that the director considers necessary for the purpose of this Act or for any other purpose.
  • (6) Part 2 of the general instrument must consist of all other terms of the general instrument and must be adopted in any one of the following forms:
  • (a) a set of standard charge terms filed under section 235;
  • (b) terms that are expressly set out in Part 2 of the general instrument.
  • (7) If Part 2 of the general instrument consists of a set of standard charge terms filed under section 235, Part 1 of the general instrument must contain a statement that Part 2 of the general instrument consists of the set of standard charge terms contained in the filed set of standard charge terms with a reference to the filing number assigned by the land title office under section 235.
  • (8) If Part 2 of the general instrument consists of terms referred to in subsection (6)(b), Part 1 of the general instrument must contain a statement that Part 2 consists of express charge terms that are annexed to Part 1 as Part 2.
  • (9) The registrar must not register a general instrument that incorporates, as Part 2 of that general instrument, more than one set of standard charge terms.

1979-219-219.81; 1991-12-6, effective May 1, 1992 (B.C. Reg. 33/92); 2004-66-98 and 2004-66-109, effective January 20, 2005 (B.C. Reg. 16/2005).