245 Vesting Order In Favour Of Purchaser | Land Title Practice Manual

(a) land has been sold by a registered owner and the whole of the purchase money has been paid,
(b) the purchaser, being the registered holder of an agreement for sale of land or subagreement for sale of land, or a person claiming under the purchaser, has entered and taken possession under the purchase, and
(c) entry and possession have been acquiesced in by the vendor or the vendor’s representatives, but
(d) a transfer cannot be obtained because the registered owner is dead, or out of British Columbia, or cannot be found, or, for any reason, it is impracticable to obtain the registered owner’s signature within a reasonable time,

the court may make a vesting order to give effect to the sale and vest title to the land in the purchaser.
(2) The registrar, on

(a) application,
(b) the deposit of a certified copy of the court order, and
(c) being satisfied that the purchaser has established a good safe holding and marketable title to the land,

must register an indefeasible title to the land in the name of the purchaser, or, if the purchaser is the registered owner of a subright to purchase, must give effect to the order by making an appropriate endorsement on the register.

1979-219-224; 1982-60-62, proclaimed effective August 1, 1983.

FORMS

Forms of Application for Registration of a Vesting Order

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Vesting by Court Order, and attach an image of the court certified court order.

The applicant must set out the applicable charges to be dropped on the Form 17.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 78.