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In This Volume

  • 286 (1) A caveat may be in the form approved by the director.
  • (2) A caveat must be verified by the affidavit of the caveator, or the caveator’s solicitor or agent and must set out in numbered paragraphs the following:
  • (a) a description of the land against which the caveat is to be lodged;
  • (b) the nature of the estate or interest claimed;
  • (c) the grounds on which the claim is founded;
  • (d) an address within British Columbia at which notices may be served.
  • (3) This section does not apply to a caveat lodged by the registrar.

1979-219-265; 2004-66-114, effective January 20, 2005 (B.C. Reg. 16/2005).


Forms of Caveat


The director has approved the use of Form 38, Caveat. Although the use of this form is optional, the content and verification required by s. 286(2) of the Act are mandatory.

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Caveat, and attach an image of the original Form 38.

This transaction receives preliminary examination prior to receiving an immediate application number, date and time.


Grounds on Which Claim Founded: Section 286(2)(c)

If the allegations set out in the caveat refer to specific agreements or instruments of any nature, the applicant should attach copies of these agreements or instruments in support of the allegations. The allegations must make it immediately obvious, to those on whom the registrar must serve notice, what the caveator alleges.


See Di Castri, Registration of Title to Land, vol. 2, paras. 577 to 583, and 586.