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In This Volume

  • 3 (1) If an entry has been made on the register under section 2, a disposition of the homestead by a spouse during the life of that spouse if the interest of that spouse must or may vest in any other person at any time during the life of that spouse, or during the life of the spouse of that spouse living at the date of the disposition, is void for all purposes unless made with the written consent of the spouse on whose behalf the entry is made.
  • (2) A conveyance designed to avoid the right given by this Act has no effect.

1979-223-3; 1985‑68‑65, effective April 17, 1985 (B.C. Reg. 392/85); 2011-25-390.

PRACTICE

Registration of Judgment

An entry does not prevent registration of a judgment against the land or interest.

Registrar Refuses Entry against Land in Name of Director of Veterans’ Land Act

The registrar refuses to register an entry against land registered in the name of the director of the Veterans’ Land Act (Canada). Instead, the registrar may accept a caveat.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 321.

CASE LAW

Once the registrar has made an entry, the property continues to be a homestead during the subsistence of the entry even though the spouse who obtained the entry ceases to reside in the homestead (Re Wife’s Protection Act; Re a Certain Land Registry Entry (1963), 43 W.W.R. 318 (B.C.S.C.)).

An assignment of a mortgage made after a spouse’s entry, but relating to a mortgage made before the entry, is free of any claim by the spouse who obtained entry (Arrow Transfer Co. Ltd. v. Seear (1969), 6 D.L.R. (3d) 347 (B.C.S.C.)).

An entry does not interfere with the rights that judgment creditors or mortgagees have against property. An entry does not create an interest in property; it serves only as a means of protecting a spouse against a disposition by the other spouse without the first spouse’s consent (Gathe v. Gathe (1972), 31 D.L.R. (3d) 702 (B.C.C.A.)).