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In This Volume

  • 3 (1) An improvement done with the prior knowledge, but not at the request, of an owner is deemed to have been done at the request of the owner.
  • (2) Subsection (1) does not apply to an improvement made after the owner has filed a notice of interest in the land title office.
  • (3) Subsection (1) does not apply to an improvement on land owned by the government.

1997-45-3, effective February 1, 1998 (B.C. Reg. 1/98); 1998-25-2, deemed effective February 1, 1998.

FORMS

Notice of Interest

The form of notice of interest prescribed by B.C. Reg. 1/98 is Form 1.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notice of Interest Builders Lien Act, and attach an image of the signed Form 1, Notice of Interest.

Fees

Fees payable for filing the notice are set out at chapter 31 (Land Title Act—Fees) of this Manual.

PRACTICE

Filing Requirements

The registrar requires a filing letter setting out the usual full name, address, and telephone number of an applicant. An applicant can file one notice with respect to more than one parcel of land.

Removal of Notice

Submissions

A Notice of Interest may be discharged on a Form C Release or a Form 17 Cancellation of Charge, Notation or Filing.

For a Form C Release, select Nature of Interest, Notice of Interest Builders Lien Act. No supporting document is required as attachment.

For a Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Notice of Interest Builders Lien Act, and attach an image of the originally signed letter requesting removal of the notice.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

“Notice of interest” is a defined term under s. 1(1) of the Act:

“notice of interest” means a notice in the prescribed form warning other persons that the owner’s interest in the land described in the notice is not bound by a lien claimed under this Act in respect of an improvement on the land unless that improvement is undertaken at the express request of the owner.