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In This Volume

  • 285 (1) If, in the opinion of the registrar,
  • (a) an error has been made in a registration or in an indefeasible title or other instrument or document,
  • (b) a prohibition against dealing with land is necessary to prevent fraud,
  • (c) a person empowered to administer an enactment has produced satisfactory evidence of a contravention of the enactment and a prohibition is considered necessary to prevent improper dealing in land covered by an indefeasible title,
  • (d) land owned by or alleged to be owned by the Crown or a person under a disability is or may be improperly dealt with, or
  • (e) any other circumstances require it,
  • the registrar, on the registrar’s own behalf or on behalf of the Crown or a person under a disability, may lodge a caveat to prohibit dealing with the land.
  • (2) The registrar, in the exercise of the registrar’s discretion under subsection (1), may call for such evidence as the registrar considers necessary in the circumstances.
  • (3) A caveat lodged by the registrar does not lapse unless the caveat expressly so provides.

1979-219-264; 1982-60-74, proclaimed effective August 1, 1983.


See Di Castri, Registration of Title to Land, vol. 1, paras. 114 and 115, and vol. 2, paras. 568 to 571.


Valid Use of Registrar’s Caveat

The registered owner of land obtained approval of a strata plan as required by the Condominium Act (now, the Strata Property Act) and filed the plan in the land title office. The registrar issued new certificates of title. Subsequently, the court ordered that the approval be set aside and that the approving officer reconsider and redetermine whether he should approve the plan. The registrar acted within his powers and acted properly in lodging a registrar’s caveat. Formal approval is a prerequisite to the registration of a strata plan and issuance of title. With approval set aside, the registrar deemed that title to the land was in some question (Raven Lumber Ltd. v. Hooper, 1984 CanLII 826 (BC SC)).

Invalid Use of Registrar’s Caveat

The registrar has no authority to register a caveat in anticipation of retroactive legislation which has not been proclaimed. In this case, the registrar reluctantly accepted for registration a plan filed in accordance with the Strata Titles Act, but filed a caveat in respect of the plan in anticipation of the retroactive effect of the Strata Titles Amendment Act, 1977 (No. 2) (Boon v. Registrar of the Kamloops Land Registration District, [1978] B.C.J. No. 247 (QL) (S.C.)).