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In This Volume

  • 261 On application for registration, accompanied by
  • (a) the conveyance to the purchaser of land sold under the Court Order Enforcement Act or the Builders Lien Act, the execution of which is proved to the satisfaction of the registrar, and
  • (b) the order of the court under which the sale is made,
  • the estate or interest in the land sold may be registered under this Act, and an existing absolute certificate of title, duplicate indefeasible title or certificate of charge in respect of that land is deemed to be cancelled as to that estate or interest.

1979-219-240; 1982-60-66, proclaimed effective August 1, 1983.


Conveyances under Court Order Enforcement Act

See s. 105 of the Court Order Enforcement Act and Form C of Schedule 3 of that Act (Form of Conveyance). Section 105 requires that a conveyance to a purchaser under Part 5 of that Act be in Form C and that the sheriff execute the conveyance under the sheriff’s signature and seal.

Conveyances under Builders Lien Act

See s. 31 of the Builders Lien Act regarding the court’s power to order the sale of land.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 109, and vol. 3, paras. 925 and 960.


Conveyances under Court Order Enforcement Act

The conveyance to the purchaser under the Court Order Enforcement Act [formerly, the Execution Act, R.S.B.C. 1960, c. 135] must conform strictly to that Act (Re Nosalek, 1967 CanLII 820 (BC SC)).