Land Title Practice Manual

3 If The Owner Agrees To Transfer Or Dedicate Land

In This Volume

3 (1) If an owner or, if there is more than one owner, all owners agree to transfer or dedicate land to an expropriating authority without expropriation, but cannot agree with the expropriating authority on the compensation to be paid,

  • (a) Parts 2 to 4, other than section 20, do not apply,
  • (b) the court must determine the compensation to be paid to the owner as if the land had been expropriated under this Act, and
  • (c) unless the parties to the agreement otherwise agree, compensation must be determined effective the date the owner agreed to transfer or dedicate the land to the expropriating authority.
  • (2) An agreement under subsection (1) must be in writing and must state
  • (a) that the owner consents to the transfer or dedication,
  • (b) that compensation must be determined by the court,
  • (c) the date set for possession of the land,
  • (d) that the owner must take the necessary steps to transfer or dedicate the land to the expropriating authority, and
  • (e) that the expropriating authority must make an advance payment under section 20.
  • (3) If the agreement under subsection (1) is made so that the expropriating authority can construct, extend, widen or alter a highway, the owner must dedicate the land covered by the agreement, and
  • (a) section 107 of the Land Title Act applies,
  • (b) if the agreement is with the minister responsible for the administration of the Ministry of Forests and Range Act, section 121(8) of the Forest Act applies, or
  • (c) if the agreement is with the minister responsible for the administration of the Transportation Act, section 43 of the Transportation Act applies.
  • (4) If, in respect of a partial taking of a fee simple interest in land,
  • (a) all owners have agreed to transfer the land to the expropriating authority and have agreed to the consideration to be paid for it, or
  • (b) an agreement has been made under subsection (1),
  • section 99(1)(g) of the Land Title Act applies in respect of the transfer of the land to the expropriating authority.

1987‑23‑3, effective December 24, 1987 (B.C. Reg. 451/87); 2004-44-102, effective December 31, 2004 (B.C. Reg. 547/2004); 2004-61-2, effective March 18, 2005 (B.C. Reg. 95/2005); 2006-13-35; B.C. Reg. 5/2010, effective January 14, 2010.

PRACTICE

Highway Dedications under Section 3(3)

Effect of Dedication

On a dedication under s. 3(3), title to the expropriated land is extinguished.

Application of Section 107 of the Land Title Act

Unless s. 121(8) of the Forest Act or s. 43 of the Transportation Act applies, a dedication under s. 3(3) must be effected by the deposit of a reference plan, or explanatory plan if permitted by the registrar, in accordance with s. 107 of the Land Title Act. Pursuant to s. 107(3), no indefeasible title will be registered.

Application of Section 121(8) of the Forest Act or Section 43 of theTransportation Act

Where there is an agreement with the Minister of Forests or with the Minister of Transportation and Infrastructure, s. 121(8) of the Forest Act and s. 43 of the Transportation Act, respectively, apply to the dedication. Those sections parallel s. 107 of the Land Title Act except that under the Forest Act and the Transportation Act, the respective ministers, or their designated employees, are authorized to file reference or explanatory plans (under the Forest Act) or explanatory plans (under the Transportation Act). As with dedications pursuant to s. 107, no indefeasible title will be registered.

Person Designated by Minister of Transportation and Infrastructure May Prepare Explanatory Plan

Where an explanatory plan is acceptable to the registrar under s. 43 of the Transportation Act, a person designated by the Minister of Transportation and Infrastructure may prepare the plan. That person need not be a British Columbia land surveyor. However, the plan that person prepares must still meet Land Title Act requirements as well as those of the Surveyor General. Evidence of the designation of the person must be endorsed on the plan.

Preparation of Plans

All owners must sign any plan deposited under s. 3(3). For this purpose, the registrar looks to the definition of “owner” under the Land Title Act (which includes judgment holders and builders lien claimants) because the registrar cannot identify the expanded class of persons who fall under the definition of “owner” under the Expropriation Act.

Applicant must meet requirements under Part 7 of Land Title Act. An applicant must meet all requirements under Part 7 of the Land Title Act, except for s. 91 (approval by approving officer), when depositing a plan.

Director’s Directions for Electronic Plans. An electronic subdivision, reference, or explanatory plan with a pre-assigned plan number is attached to a Survey Plan Certification form signed electronically by the British Columbia land surveyor. The Survey Plan Certification accompanies the electronic Application to Deposit Plan at Land Title Office. These forms are available at ltsa.ca.

All signatures of the owners and holders of registered charges and plan approvals are located on the electronic Application to Deposit Plan at Land Title Office. Minor changes have been made to existing required signatures and notations where they refer to “shown on plan hereon” or similar language and replaced to facilitate the electronic filing of plans in the land title office. In addition to Survey and Plan Rules, as approved and ordered by the Surveyor General, at www.abcls.ca, the director’s e-filing directions for electronic plans are set out in the Electronic Land Title Plan and Plan Application Requirements v. 2.6 at https://ltsa.ca/wp-content/uploads/2020/10/Electronic_Land_Title_Plan_and_Plan_Application_Requirements.pdf.

Preparation of plans by British Columbia land surveyor. Where the registrar accepts an explanatory plan, a British Columbia land surveyor must prepare and sign it unless the agreement is with the Minister of Transportation and Infrastructure.

Transfers under Section 3(4)

Registration of New Indefeasible Title Where Parcel or Part of Parcel Transferred to Expropriating Authority

Except in the case of an expropriation for highway purposes under s. 3(3), where an agreement provides for the transfer of all or part of a parcel, the registrar registers a new indefeasible title for that parcel or part.

Applicant Must Meet Requirements under Part 7 of Land Title Act

An applicant must meet all requirements under Part 7 of the Land Title Act when depositing a plan.

Approving Officer Approval of Transfer

The registrar requires approval of the expropriation plan pursuant to s. 91 of the Land Title Act. As a general guide, where the effect of a plan is to create a separate parcel or a new parcel that will be covered by an indefeasible title, s. 91 applies unless there is an express exemption in the Land Title Act or another enactment.

Partial Taking under Section 3(4)

Under s. 99(1)(g) of the Land Title Act, the registrar may accept a metes and bounds description or a reference or explanatory plan. Because the registrar registers an indefeasible title for a s. 99(1)(g) area, the registrar usually requires a reference plan and rarely accepts a metes and bounds description. The registrar notes the transfer in the transfer out segment of the remainder title, and registers a new title for the remainder.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 3, paras. 813 and 815.