Skip to main content

In This Volume

  • 283 (1) A caveator, being a registered owner, who provides evidence that
  • (a) an instrument properly executed by the caveator is no longer valid or operative, or
  • (b) an instrument not properly or validly executed by the caveator might be or has been tendered for registration,
  • may by leave of the registrar, granted on such terms, if any, as the registrar may consider proper, lodge a caveat with the registrar to the effect that a disposition of the land or charge, either generally or as specifically expressed in the caveat, must not be registered unless
  • (c) the consent of the caveator is given after notice demanding the caveator’s consent has been served on the caveator, or
  • (d) the claimant under the instrument establishes the claimant’s title in a court.
  • (2) Subsection (1) applies to a power of attorney executed by a registered owner.
  • (3) A caveat under this section must comply with section 286, except subsection (2)(b) of that section.



Principal under Power of Attorney May Lodge Caveat

See s. 57(2) of the Act, which enables a principal under a power of attorney to lodge a caveat in circumstances in which the principal cannot file a revocation because the power of attorney has not yet been filed in the land title office. The caveat expires after two months in the usual way.

Service of Notice

See Part 22 of the Act regarding the requirements for service of notice.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 496 and 576.


Entitlement to Lodge a Caveat

For a registered owner of land to lodge a caveat, the facts must come within s. 283(1)(a) or (b). In this case, there was no evidence that the instrument, a property transfer, was not properly or validly executed, and the caveat did not suggest that. The vendor said that “conditions of closing could not be met” and “were not complied with”, making the instrument invalid and inoperative. This was not spelled out in the caveat and, in any event, the conditions were met. The purchasers did not fail to carry out their part of the bargain. The purchasers were entitled to a discharge of the caveat under s. 289 (Ledingham McAllister Properties Ltd. v. First Canadian Plaza Ltd. (1980), 21 B.C.L.R. 137 (S.C.)).