3 Deed To Include All Buildings, Reversions And Estate

In This Volume

3 Every deed under section 2, unless an exception is specially made in it, includes all buildings, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances to the land comprised in it, belonging or in any way appertaining to it, or demised, held, used, occupied and enjoyed with it, or taken or known as part or parcel of it, and if it purports to convey an estate in fee simple, also the reversions, remainders, yearly and other rents, issues and profits of the land, and every part and parcel of it, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand, both at law and in equity, of the grantor in, to, out of or on the land, and every part and parcel of it, with their and all of their appurtenances.

1979-221-3.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, §8:2.

CASE LAW

Transfer Passes Only Existing Estates

A right passing under s. 3 or 6 of the Act must exist at the time of the grant that severs the common ownership or at the time of a lease. An existing right does change in nature or character because of the statutory provisions, and it must be established independently of the statutory provisions (Babine Investments Ltd. v. Prince George Shopping Centre Ltd., 2002 BCCA 289, affirming, but reversing in part on other grounds 2000 BCSC 1207; see also the annotation for this decision under s. 20 of the Land Title Act and s. 25 of the Property Law Act).

Transfer of Land Includes Buildings

Land owned by C was leased to S who constructed an apartment building on the land. The petitioner entered into an agreement with C to acquire the land and with S to acquire the apartment building. The transfer document complied with the requirements of the Land Title Act and, under s. 186, was deemed to be made in pursuance of the Land Transfer Form Act. The transfer document did not contain a specific exception required under s. 3. Therefore, the transfer conveyed both the land and the building to the petitioner (Westland Holdings Ltd. v. British Columbia, 1991 CanLII 2256 (BC SC), affirmed 1992 CanLII 1007 (BC CA)).

For the purposes of transferring property, an estate in fee simple includes buildings unless a reservation or exception excludes them (Woodspan Construction Ltd. v. British Columbia (Minister of Finance and Corporate Relations), 1991 CanLII 230 (BC SC)).