In This Volume
- Land Title Act Part 1 (ss. 1 to 3)—Definitions, Interpretation and Application
-
Land Title Act Part 2 (ss. 4 to 19)—Land Title Offices and Officers
- Overview of Part 2 [§2.1]
-
Legislation and Commentary [§2.2]
- 4 Land title districts [§2.3]
- 5 Power to constitute and change districts [§2.4]
- 6 Land title office [§2.5]
- 7 Continuation of existing offices and records [§2.6]
- 8 Duty of registrar to provide records affecting land in new district [§2.7]
- 9 Director of Land Titles [§2.8]
- 10 Registrar and staff [§2.9]
- 11 Deputy registrar and assistant deputy registrar [§2.10]
- 12 Evidence of authority of officials to act in certain cases [§2.11]
- 13 Qualifications for appointment to office [§2.12]
- 14 Prohibition of officers and staff acting in conflict with duties [§2.13]
- 15 Official seal [§2.14]
- 16 Office hours [§2.15]
- 17 [Repealed] [§2.16]
- 18 Protection of director and registrar from personal liability [§2.17]
- 19 Exemption of registrar from attendance as witness in court [§2.18]
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Land Title Act Part 3 (ss. 20 to 38)—Registration and Its Effect
- Overview of Part 3 [§3.1]
-
Legislation and Commentary [§3.2]
- 20 Unregistered instrument does not pass estate [§3.3]
- 21 Unregistered instruments executed and taking effect before July 1, 1905 [§3.4]
- 22 Operation of instrument as from time of registration [§3.5]
- 23 Effect of indefeasible title [§3.6]
- 24 Title by prescription abolished [§3.7]
- 25 Protection of registered owner against actions for recovery of land [§3.8]
- 25.1 Void instruments—interest acquired or not acquired [§3.9]
- 26 Registration of a charge [§3.10]
- 27 Notice given by registration of charge [§3.11]
- 28 Priority of charges based on priority of registration [§3.12]
- 29 Effect of notice of unregistered interest [§3.13]
- 30 Notice of unregistered interest as affecting registered owner of charge [§3.14]
- 31 Priority of caveat or certificate of pending litigation [§3.15]
- 32 Validity of registered voluntary conveyance [§3.16]
- 33 Equitable mortgage or lien not registrable [§3.17]
- 34 Registration of indefeasible title by court order [§3.18]
- 35 Admissibility of instruments [§3.19]
- 36 Completion of registration [§3.20]
- 37 Registration effective from time of application [§3.21]
- 38 Registrar to create official record of instruments and documents [§3.22]
- Land Title Act Part 4 (ss. 39 to 40)—Forms of Instruments
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Land Title Act Part 5 (ss. 41 to 50)—Attestation and Proof of Execution of Instruments
- Overview of Part 5 [§5.1]
-
Legislation and Commentary [§5.2]
- 41 Definitions [§5.3]
- 42 Witnessing and execution [§5.4]
- 43 Witnessing—individuals [§5.5]
- 44 Witnessing—corporations [§5.6]
- 45 Witnessing—individual power of attorney [§5.7]
- 46 Witnessing—corporate power of attorney [§5.8]
- 47 Witnessing—persons not fluent in English [§5.9]
- 47.1 [Repealed] [§5.10]
- 48 Execution under seal [§5.11]
- 49 If instrument not witnessed [§5.12]
- 50 Defects [§5.13]
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Land Title Act Part 6 (ss. 51 to 57)—Powers of Attorney
- Overview of Part 6 [§6.1]
-
Legislation and Commentary [§6.2]
- 51 Deposit of power of attorney on registration of instrument [§6.3]
- 52 Attorney’s powers extend to after acquired land [§6.4]
- 53 Index of powers of attorney [§6.5]
- 54 Effect of execution of second power of attorney [§6.6]
- 55 Power of personal representative or trustee [§6.7]
- 56 Power of attorney valid for 3 years only [§6.8]
- 57 Revocation of power of attorney [§6.9]
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Land Title Act Part 7 (ss. 58 to 120)—Descriptions and Plans
- Overview of Part 7 [§7.1]
-
Legislation and Commentary [§7.2]
- DIVISION 1—GENERAL
- 58 Description of land [§7.3]
- 59 Public official plan [§7.4]
- 60 Description in Crown grant [§7.5]
- 61 Registration of title to Esquimalt and Nanaimo Railway Company land [§7.6]
- 62 Subsequent descriptions of land [§7.7]
- 63 Description by parcels shown on subdivision plan [§7.8]
- 64 Substitution for metes and bounds or abbreviated description [§7.9]
- 65 Assignment of distinguishing letter to remainder [§7.10]
- 66 Assignment of distinguishing letter by registrar [§7.11]
- 67 Requirements as to subdivision and reference plans [§7.12]
- 68 Posting plan [§7.13]
- 69 Block outline survey [§7.14]
- 70 Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant [§7.15]
- 71 Composite plans [§7.16]
- 72 When composite plan not to be deposited [§7.17]
- DIVISION 2—SUBDIVISION OF LAND
- 73 Restrictions on subdivision [§7.18]
- 73.1 Lease of part of a parcel of land enforceable [§7.19]
- 74 Method of defining new parcel [§7.20]
- 75 Requirements for subdivisions [§7.21]
- 76 Relief from requirements established by section 75 [§7.22]
- DIVISION 3—APPOINTMENT, POWERS AND DUTIES OF APPROVING OFFICERS
- 77 Appointment of municipal approving officers [§7.23]
- 77.1 Appointment of regional district and islands trust approving officers [§7.24]
- 77.2 Provincial approving officers [§7.25]
- 77.21 Appointment of treaty first nation approving officers [§7.26]
- 77.3 Nisga’a approving officer [§7.27]
- 78 Certain designations prohibited on subdivision plans [§7.28]
- 79 [Repealed] [§7.29]
- 80 Controlled access highway [§7.30]
- 81 Land in improvement districts [§7.31]
- 82 [Repealed] [§7.32]
- DIVISION 4—APPROVAL OF SUBDIVISION PLANS
- 83 Tender of plan for examination and approval [§7.33]
- 83.1 Referral to designated highways official [§7.34]
- 84 Plan tendered later than 3 months after survey [§7.35]
- 85 Time limit for approval and consideration of public interest [§7.36]
- 85.1 Environmental Management Act requirements must be met [§7.37]
- 86 Matters to be considered by approving officer on application for approval [§7.38]
- 87 Local government matters to be considered by approving officer [§7.39]
- 88 Approval of plan [§7.40]
- 89 Appeal to Supreme Court [§7.41]
- 90 Power of Lieutenant Governor in Council to prohibit deposit of plan [§7.42]
- DIVISION 5—DEPOSIT OF SUBDIVISION PLANS
- 91 Approval of subdivision plan required [§7.43]
- 92 Application for deposit [§7.44]
- 93 Title to land in plan required to be registered [§7.45]
- 94 Endorsement of certificate [§7.46]
- 95 Accreted land within plan [§7.47]
- 96 Water boundary deemed to be natural boundary [§7.48]
- 97 Signatures of owners to plan [§7.49]
- 98 New indefeasible titles for parcels shown on deposited plan [§7.50]
- DIVISION 6—OTHER METHODS OF DEFINING NEW PARCELS
- 99 Registrar to determine whether description of land acceptable [§7.51]
- 100 Re-establishment of boundaries [§7.52]
- 101 Principles guiding approving officer [§7.53]
- 102 Dedication by reference or explanatory plan [§7.54]
- 103 Execution of plan by owner [§7.55]
- 104 Serial deposit number [§7.56]
- DIVISION 7—CONFLICTING MEASUREMENTS
- 105 Power of registrar if measurements on plans conflict [§7.57]
- 106 Power of registrar to correct errors, defects or omissions [§7.58]
- DIVISION 8—VESTING OF TITLE BY DEPOSIT OF PLAN
- 107 Dedication and vesting [§7.59]
- 108 If designation on plan “Returned to Crown in right of the Province” [§7.60]
- 109 Extinguishment of highway not shown on plan [§7.61]
- DIVISION 9—AMENDMENT OF PLAN
- 110 [Repealed] [§7.62]
- DIVISION 10—PENALTIES IF PLANS NOT DEPOSITED
- 111 Rights of purchaser when plan not deposited [§7.63]
- 112 Penalty for failure to deposit plan of subdivision [§7.64]
- DIVISION 11—STATUTORY RIGHT OF WAY PLANS
- 113 Deposit [§7.65]
- 114 Statutory right of way plan may be used in application to register fee simple [§7.66]
- 115 Deposit of statutory right of way plan [§7.67]
- 116 Requirements of statutory right of way plans [§7.68]
- 117 Widening of statutory right of way [§7.69]
- 118 When water boundary deemed natural boundary [§7.70]
- 119 Alteration in deposited statutory right of way plan [§7.71]
- DIVISION 12—PLANS AND DESCRIPTIONS TO ACCOMPANY BYLAWS
- 120 Municipal bylaw cancelling highway or public square dedication [§7.72]
- Appendix 1: Reading Metes and Bounds Descriptions [§7.73]
- Appendix 2: Types of Plans [§7.74]
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Appendix 3: Surveyor General’s Circular Letters [§7.75]
- Re: Headings on Plans Filed Pursuant to Section 69 of the Land Title Act (C.L. No. 455) [§7.76]
- Re: Block Outline Survey—Section 69(3), Land Title Act (C.L. No. 461B) [§7.77]
- Re: Section 108 Land Title Act (C.L. 468) [§7.78]
- Re: Ambulatory Natural Boundaries and Artificial High Water Marks—Effects on the Extent of Ownership (C.L. No. 470) [§7.79]
- Re: Surveys of Crown Land Pursuant to the Land Title Act and the Land Act and Submission of Resultant Plans to the Surveyor General (C.L. No. 475A) [§7.80]
- Re: Accretion and Natural Boundary Adjustment Applications to the Surveyor General Pursuant to Sections 94(1) and 118(1) of the Land Title Act (C.L. No. 477A) [§7.81]
- Re: Block Outline Survey—Amendment to Section 69.1, Land Act (C.L. No. 478) [§7.82]
- Section 58 Land Act Applications (C.L. No. 484B) [§7.83]
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Land Title Act Part 8 (ss. 121 to 137)—Cancellation of Plans
- Overview of Part 8 [§8.1]
-
Legislation and Commentary [§8.2]
- 121 Definitions and interpretation [§8.3]
- 122 Cancellation of plans by application to the registrar [§8.4]
- 123 Petition to cancel plan [§8.5]
- 124 Report of approving officer and district highways manager [§8.6]
- 125 Service of petition and other documents [§8.7]
- 126 Publications and posting [§8.8]
- 127 Notice of intention to appear [§8.9]
- 128 Place of hearing [§8.10]
- 129 Powers of registrar in relation to the hearing [§8.11]
- 130 Duties of registrar on hearing the petition [§8.12]
- 131 Powers of the registrar to cancel or alter a plan [§8.13]
- 132 Opposition by local authority [§8.14]
- 133 Opposition by minister [§8.15]
- 134 Preparation and registration of order [§8.16]
- 135 Registrar may vest an estate in fee simple [§8.17]
- 136 Cancellation by minister of plan comprising Crown land [§8.18]
- 137 Cancellation of interior lines [§8.19]
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Land Title Act Part 9 (ss. 138 to 146)—Air Space Titles
- Overview of Part 9 [§9.1]
-
Legislation and Commentary [§9.2]
- 138 Definitions [§9.3]
- 139 Air space is land [§9.4]
- 140 Covenant to grant easements or to convey restrictive covenants not implied [§9.5]
- 141 Subdivision of land into air space parcels [§9.6]
- 142 Air space parcels in respect of highways [§9.7]
- 143 Air space plan [§9.8]
- 144 Air space plan [§9.9]
- 145 Taxation [§9.10]
- 146 Application [§9.11]
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Land Title Act Part 10 (ss. 147 to 168)—Applications for Registration and Evidence in Support
- Overview of Part 10 [§10.1]
-
Legislation and Commentary [§10.2]
- 147 Application required [§10.3]
- 148 Form and manner of applying [§10.4]
- 149 Address of applicant [§10.5]
- 150 Particulars as to witness and parties to instrument [§10.6]
- 151 [Repealed] [§10.7]
- 152 Description of foreign government [§10.8]
- 153 Time of application [§10.9]
- 154 Application for registration of fee simple [§10.10]
- 155 Application for registration of charge [§10.11]
- 156 Application must be for all lands or charges comprised in instrument [§10.12]
- 157 Forms [§10.13]
- 158 Restrictions as to scope of application [§10.14]
- 159 Registrar may require deposit of instruments [§10.15]
- 160 Summons to produce instruments [§10.16]
- 161 Application to court to compel production or deposit of instruments [§10.17]
- 162 Powers of court on hearing [§10.18]
- 163 Notice of intention to register [§10.19]
- 164 Registration after notice [§10.20]
- 165 Corporate powers assumed [§10.21]
- 166 Disposal of instruments deposited [§10.22]
- 167 Withdrawal of application [§10.23]
- 168 Summary rejection of defective application [§10.24]
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Land Title Act Part 10.1 (ss. 168.1 to 168.7)—Electronic Filing
- Overview of Part 10.1 [§11.1]
-
Legislation and Commentary [§11.2]
- DIVISION 1—DEFINITIONS AND APPLICATION
- 168.1 Definitions [§11.3]
- 168.11 Application of other provisions of Act [§11.4]
- DIVISON 2—ELECTRONIC FILING
- 168.2 Electronic filing [§11.5]
- 168.21 Effect of electronic filing [§11.6]
- 168.22 Directions on electronic filing [§11.7]
- DIVISION 3—SPECIAL RULES FOR CERTAIN DOCUMENTS
- 168.3 Plans—preparation by land surveyor [§11.8]
- 168.31 Plans—signature of other persons [§11.9]
- 168.32 Charges—cancellation by corporate registered owner [§11.10]
- 168.33 Supporting documents [§11.11]
- DIVISION 4—CERTIFICATION BY DESIGNATE
- 168.4 Designates [§11.12]
- 168.41 Documents executed or witnessed [§11.13]
- 168.42 Plans [§11.14]
- 168.43 Supporting documents [§11.15]
- DIVISION 5—GENERAL
- 168.5 Original document [§11.16]
- 168.51 Copies of electronic documents [§11.17]
- 168.52 Admissibility of execution copies [§11.18]
- 168.53 Delivery in registrable form [§11.19]
- 168.54 Deeds [§11.20]
- 168.55 Corrective declarations [§11.21]
- 168.56 Amendments to electronic plans [§11.22]
- 168.57 Production of evidence [§11.23]
- 168.58 Disposal of electronic documents [§11.24]
- DIVISION 6—CERTIFICATION OF SUBSCRIBERS
- 168.6 Definitions [§11.25]
- 168.61 Certification authority [§11.26]
- 168.62 Certification practice statement [§11.27]
- 168.63 Warranties of certification authorities [§11.28]
- 168.64 Immunity [§11.29]
- DIVISION 7—OFFENCES
- 168.7 Offences [§11.30]
-
Land Title Act Part 11 (ss. 169 to 184)—Registration in Fee Simple
- Overview of Part 11 [§12.1]
-
Legislation and Commentary [§12.2]
- DIVISION 1—FIRST REGISTRATION
- 169 Registration of title [§12.3]
- 170 Requirements as to production of title deeds [§12.4]
- 171 Adverse possession [§12.5]
- 172 First estate of inheritance necessary to registration of fee simple [§12.6]
- 173 Several persons interested in registration [§12.7]
- 174 Application to convert absolute fee into indefeasible title [§12.8]
- DIVISION 2—THE REGISTRAR AND DUPLICATE INDEFEASIBLE TITLES
- 175 Register and records [§12.9]
- 176 Duplicate indefeasible title [§12.10]
- 177 Registration of joint tenants [§12.11]
- DIVISION 3—GENERAL
- 178 Limitation on number of parcels [§12.12]
- 179 Rights of owner of surface [§12.13]
- 180 Recognition of trust estates [§12.14]
- 181 Interest or right reserved to transferor [§12.15]
- 182 Registration of restrictive covenants and easements [§12.16]
- Appendix—Summary of the Law of Easements [§12.17]
- Land Title Act Part 12 (ss. 185 to 190)—Transfers
-
Land Title Act Part 13 (ss. 191 to 196)—Dealings With Indefeasible Title Other Than by Registration
- Overview of Part 13 [§14.1]
-
Legislation and Commentary [§14.2]
- 191 Registration of new indefeasible title and change of name [§14.3]
- 192 Registration of several indefeasible titles instead of original [§14.4]
- 193 Lost indefeasible certificate of title [§14.5]
- 194 Effect given to new or provisional indefeasible title [§14.6]
- 195 Surrender of duplicate indefeasible title on registration of charge [§14.7]
- 196 Provisional title may issue to minerals [§14.8]
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Land Title Act Part 14 (ss. 197 to 237)—Charges
- Overview of Part 14 [§15.1]
-
Legislation and Commentary [§15.2]
- DIVISION 1—GENERAL
- 197 Registration of charges [§15.3]
- 198 Registration of person creating charge [§15.4]
- 199 Registration of subcharges [§15.5]
- 200 No subright to purchase registrable [§15.6]
- 201 Registration of assignment of charge [§15.7]
- 202 [Repealed] [§15.8]
- 203 Floating charges on land [§15.9]
- 204 Registration of debt to the government as a charge [§15.10]
- 205 Writ affecting land [§15.11]
- 206 Registration of transfer, extension or modification of charges [§15.12]
- 207 Form of postponement [§15.13]
- 208 Certificates of charge [§15.14]
- 209 Transfer of mortgage [§15.15]
- DIVISION 2—JUDGMENTS
- 210 Registration of judgments in same manner as charge [§15.16]
- 211 Registration of assignment of judgment and form of assignment [§15.17]
- 212 Notice to judgment creditor of intention to register [§15.18]
- 213 Costs on failure to establish priority [§15.19]
- 214 Form of release [§15.20]
- DIVISION 3—CERTIFICATE OF PENDING LITIGATION
- 215 Registration of certificate of pending litigation in same manner as charge [§15.21]
- 216 Effect of registered certificate of pending litigation [§15.22]
- 217 Effect of certificate of pending litigation if prior application is pending [§15.23]
- DIVISION 4—STATUTORY RIGHTS OF WAY, MISCELLANEOUS CONVENANTS AND EASEMENTS
- 218 Statutory right of way [§15.24]
- 219 Registration of covenant as to use and alienation [§15.25]
- 220 Statutory building scheme and letting scheme [§15.26]
- 221 Requirements of registrable restrictive covenant [§15.27]
- 222 Discriminating covenants are void [§15.28]
- 223 Subdivision of dominant tenement [§15.29]
- DIVISION 4.1—PARTY WALL AGREEMENTS
- 223.1 Definitions [§15.30]
- 223.2 Binding effect [§15.31]
- DIVISION 5—MORTGAGES
- 224 Definition [§15.32]
- 225 Form of mortgage [§15.33]
- 226 Modification of standard terms [§15.34]
- 227 Prescribed standard mortgage terms [§15.35]
- 228 Filed standard mortgage terms [§15.36]
- 229 Receipt of standard mortgage terms by mortgagor [§15.37]
- 230 Registrar may require filing [§15.38]
- 231 Effect of a mortgage [§15.39]
- DIVISION 6—GENERAL INSTRUMENTS
- 232 Definitions and application [§15.40]
- 233 Form of general instrument [§15.41]
- 234 Modification of standard terms of general instrument [§15.42]
- 235 Filed standard general instrument terms [§15.43]
- 236 Effect of a general instrument [§15.44]
- 237 Release of registered charge [§15.45]
- Land Title Act Part 15 (ss. 238 to 240)—Instruments
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Land Title Act Part 16 (ss. 241 to 259)—Cancellation of Charges
- Overview of Part 16 [§17.1]
-
Legislation and Commentary [§17.2]
- 241 Cancellation of registration of charge [§17.3]
- 242 Application to cancel mortgage created by vendor [§17.4]
- 243 Redemption of mortgage if mortgagee absent [§17.5]
- 244 Mortgagee’s refusal or neglect to give discharge [§17.6]
- 245 Vesting order in favour of purchaser [§17.7]
- 246 Cancellation if charge determined by effluxion of time [§17.8]
- 247 Cancellation of lease on breach of covenant [§17.9]
- 248 Effect of cancellation [§17.10]
- 249 Power of court to order cancellation of charge [§17.11]
- 250 Cancellation of charge on payment into court [§17.12]
- 251 Application to court [§17.13]
- 252 Cancellation of certificate of pending litigation [§17.14]
- 253 Cancellation of certificate of pending litigation if action discontinued [§17.15]
- 254 Cancellation of certificate of pending litigation if action dismissed [§17.16]
- 255 If action neither dismissed nor discontinued [§17.17]
- 256 Cancellation of certificate of pending litigation on other grounds [§17.18]
- 257 Power of court to order cancellation [§17.19]
- 258 Cancellation of registration [§17.20]
- 259 Discharge of mortgage [§17.21]
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Land Title Act Part 17 (ss. 260 to 280)—Transmission and Fee Simple and Charge
- Overview of Part 17 [§18.1]
-
Legislation and Commentary [§18.2]
- DIVISION 1—GENERAL
- 260 Registration of transmission before subsequent dealing [§18.3]
- 261 Conveyance under Court Order Enforcement Act or Builders Lien Act [§18.4]
- 262 Registration of land vested in crown by statute [§18.5]
- DIVISION 2—ON DEATH OF WILL-MAKER OR INTESTATE
- 263 Definitions [§18.6]
- 264 Power and title of personal representative on registration [§18.7]
- 265 Death before April 1, 1947 [§18.8]
- 266 Death after March 31, 1947 [§18.9]
- 267 Discharge of mortgage [§18.10]
- 268 When resealing may be dispensed with [§18.11]
- DIVISION 3—ON DEATH OF JOINT TENANT
- 269 Transmission re joint tenancies [§18.12]
- 270 Discharge of mortgage by surviving joint tenant [§18.13]
- DIVISION 4—ON FORECLOSURE
- 271 Presumption as to regularity of foreclosure and cancellation proceedings [§18.14]
- DIVISION 5—TAX SALES
- 272 Notice of tax sale as to each parcel sold [§18.15]
- 273 Notice of redemption of tax sale land [§18.16]
- 274 Application to other Acts [§18.17]
- 275 Registration of tax sale purchaser under Taxation (Rural Area) Act [§18.18]
- 276 Effect of registration of title derived from tax sale [§18.19]
- 277 Provincial tax sale purchaser under repealed Acts [§18.20]
- 278 Land forfeited to or vested in Crown [§18.21]
- 279 Tax sales held under Taxation (Rural Area) Act [§18.22]
- 280 Application to the government [§18.23]
- Land Title Act Part 18 (s. 281)—Notice of Certain Conditions and Obligations
-
Land Title Act Part 19 (ss. 282 to 294)—Caveats
- Overview of Part 19 [§20.1]
-
Legislation and Commentary [§20.2]
- 282 Lodging caveat [§20.3]
- 283 Right of registered owner to lodge caveat [§20.4]
- 284 Power of court to issue injunction [§20.5]
- 285 Power of registrar to lodge caveat [§20.6]
- 286 Form of caveat [§20.7]
- 287 Duty of registrar on receipt of caveat [§20.8]
- 288 Effect of caveat [§20.9]
- 289 Proceedings for discharge of caveat [§20.10]
- 290 Withdrawal of caveat [§20.11]
- 291 Further caveat lodged after caveat has lapsed, been withdrawn or discharged [§20.12]
- 292 Registration of withdrawal, lapse or discharge of caveat [§20.13]
- 293 Lapse of caveat [§20.14]
- 294 Compensation if caveat lodged wrongfully [§20.15]
-
Land Title Act Part 19.1 (ss. 294.1 to 294.9)—Land Title Survey Authority Assurance Fund
- Overview of Part 19.1 [§21.1]
-
Legislation and Commentary [§21.2]
- 294.1 Definition [§21.3]
- 294.11 Establishment and maintenance of assurance fund [§21.4]
- 294.12 Application of this Part [§21.5]
- 294.2 Remedies of person deprived of land [§21.6]
- 294.21 Protection of purchaser in good faith and for value [§21.7]
- 294.22 Fault of registrar [§21.8]
- 294.3 Notice of actions against Land Title and Survey Authority [§21.9]
- 294.4 Liability of plaintiff for costs [§21.10]
- 294.5 Judgment against person liable [§21.11]
- 294.6 Limitation of liability of fund [§21.12]
- 294.61 Recovery limited to value of land [§21.13]
- 294.7 Payment from fund without action [§21.14]
- 294.8 Payment by Land Title and Survey Authority [§21.15]
- 294.9 Withholding of payment until proceedings concluded [§21.16]
-
Land Title Act Part 20 (ss. 294.91 to 307)—Government Assurance Fund
- Overview of Part 20 [§22.1]
-
Legislation and Commentary [§22.2]
- 294.91 Definition [§22.3]
- 295 Maintenance of assurance fund [§22.4]
- 295.1 Application of this Part [§22.5]
- 296 Remedies of person deprived of land [§22.6]
- 297 Protection of purchaser in good faith and for value [§22.7]
- 298 Fault of registrar [§22.8]
- 299 Notice of actions against minister [§22.9]
- 300 Liability of plaintiff for costs [§22.10]
- 301 Actions against minister [§22.11]
- 302 Judgment against person liable [§22.12]
- 303 Limitation of liability of assurance fund [§22.13]
- 304 Recovery limited to value of land [§22.14]
- 305 Payment from assurance fund without action [§22.15]
- 306 Payment from consolidated revenue fund [§22.16]
- 307 Withholding of payment until proceedings concluded [§22.17]
-
Land Title Act Part 21 (ss. 308 to 314)—Appeals
- Overview of Part 21 [§23.1]
-
Legislation and Overview [§23.2]
- 308 Duty of registrar to notify applicant of refusal of registration [§23.3]
- 309 Appeal to court [§23.4]
- 310 Preservation of applications [§23.5]
- 311 Appeals from decision of registrar [§23.6]
- 312 Registrar to act on order of court [§23.7]
- 313 Registrations made under order of court [§23.8]
- 314 Power of registrar to state case [§23.9]
-
Land Title Act Part 22 (ss. 315 to 321)—Notices
- Overview of Part 22 [§24.1]
-
Legislation and Commentary [§24.2]
- 315 Powers of registrar regarding preparation and service of notice [§24.3]
- 316 Personal service [§24.4]
- 317 Service by mail [§24.5]
- 317.1 Service by electronic means [§24.6]
- 318 Substituted service [§24.7]
- 319 Service if person is dead [§24.8]
- 320 Effect of service [§24.9]
- 321 Rights of purchaser for value protected [§24.10]
-
Land Title Act Part 23 (ss. 322 to 365)—Special Surveys
- Overview of Part 23 [§25.1]
-
Legislation and Commentary [§25.2]
- 322 Definitions [§25.3]
- 323 Minister may order special survey [§25.4]
- 324 Apportionment of costs if land within municipality [§25.5]
- 325 Apportionment of costs if land is in a rural area [§25.6]
- 326 Power to amend order if land subsequently becomes included within municipality [§25.7]
- 327 Advancement of costs by municipality or owners [§25.8]
- 328 Transmittal of copy of order to proper officer and registrar [§25.9]
- 329 Notice of special survey [§25.10]
- 330 Surveyor to act under minister [§25.11]
- 331 Preliminary procedure [§25.12]
- 332 Supplemental order or direction of minister [§25.13]
- 333 Procedure for fixing boundary of survey area [§25.14]
- 334 Transmittal of copy of supplemental order to proper officer and registrar [§25.15]
- 335 Guiding principles for surveyor [§25.16]
- 336 Nature of survey [§25.17]
- 337 Plans [§25.18]
- 338 Appointment of substituted surveyor [§25.19]
- 339 Report of surveyor [§25.20]
- 340 Notice to registrar [§25.21]
- 341 Notice to corporate officer [§25.22]
- 342 Notice of completion of survey [§25.23]
- 343 Notice of hearing [§25.24]
- 344 Statement of complaint or claim [§25.25]
- 345 Hearing by minister or other person appointed by him [§25.26]
- 346 Subpoena [§25.27]
- 347 Method of conducting hearing [§25.28]
- 348 Power of minister to decide complaints and claims and make order [§25.29]
- 349 Principles for determining compensation [§25.30]
- 350 Approval of survey and plan by Lieutenant Governor in Council [§25.31]
- 351 Power to vest land [§25.32]
- 352 Notice of order in council approving of survey [§25.33]
- 353 Appeal [§25.34]
- 354 Entry of appeal [§25.35]
- 355 Registration [§25.36]
- 356 Method of registration [§25.37]
- 357 Effect of registration [§25.38]
- 358 Notice of registration [§25.39]
- 359 Assessment within municipalities [§25.40]
- 360 Assessment in rural area [§25.41]
- 361 Duty of surveyor to destroy conflicting monuments [§25.42]
- 362 Recovery of compensation and costs [§25.43]
- 363 Removal of special survey monuments [§25.44]
- 364 Power of Lieutenant Governor in Council to correct errors [§25.45]
- 365 Offence and penalty [§25.46]
- Land Title Act Part 23.1 (ss. 365.1 to 365.3)—Execution of Instruments by or on behalf of First Nations
-
Land Title Act Part 24 (ss. 366 to 373)—Registration of Title to Indian Lands
- Overview of Part 24 [§27.1]
-
Legislation and Commentary [§27.2]
- 366 Definitions and interpretation [§27.3]
- 367 Filing of patent [§27.4]
- 368 Application for registration of Indian land—general [§27.5]
- 369 Where application affects unregistered Indian land [§27.6]
- 370 If application affects registered Indian land [§27.7]
- 371 Other laws not to affect Torrens system [§27.8]
- 372 Execution of instruments [§27.9]
- 373 Liability limited [§27.10]
-
Appendixes [§27.11]
- Appendix 1: Land Title Act—Incompatibility Regulation, B.C. Reg. 488/88 [§27.12]
- Appendix 2: Land Title Act—shíshálh Nation Designation Regulation, B.C. Reg. 489/88 [§27.13]
- Appendix 3: Land Title Act—Torrens System Application Regulation, B.C. Reg. 490/88 [§27.14]
- Appendix 4: Order in Council No. 753/90 [§27.15]
-
Land Title Act Part 24.01 (s. 373.11)—Treaty Lands
- Overview of Part 24.01 [§28.1]
- Legislation and Commentary [§28.2]
-
Schedule 1 to the Land Title Act: Application of Act to Treaty Lands [§28.4]
- PART 1—TREATMENT OF TREATY LANDS
- 1 Definitions [§28.5]
- 2 Effect of indefeasible title to treaty lands [§28.6]
- 3 Notation respecting treaty lands [§28.7]
- 4 Assignment of distinguishing letter by registrar [§28.8]
- 5 Requirements as to subdivision in respect of treaty lands [§28.9]
- 6 Tender of plan for examination and approval [§28.10]
- 7 Matters to be considered by approving officer on application for approval [§28.11]
- 8 Matters to be considered in respect of treaty lands [§28.12]
- 9 Acceptable descriptions of land [§28.13]
- 10 Dedication by reference or explanatory plan [§28.14]
- 11 Dedication and vesting [§28.15]
- 12 [Repealed] [§28.16]
- 13 Deposit of statutory right of way plan [§28.17]
- 14 Treaty first nation law cancelling the dedication of road or public square to be filed [§28.18]
- 15 Definitions for applying Part 8 [§28.19]
- 16 Cancellation of plans [§28.20]
- 17 Air space parcels in respect of highways [§28.21]
- 18 Rights of owner of surface [§28.22]
- 19 Registration of debt owing to treaty first nation [§28.23]
- 20 Statutory right of way [§28.24]
- 21 Registration of covenant as to use and alienation [§28.25]
- 22 Registration of land vested under treaty first nation law [§28.26]
- 23 Power of registrar to lodge caveat [§28.27]
- 24 Special surveys of treaty lands [§28.28]
- PART 2—REGISTRATION OF TITLE TO TREATY LANDS
- 25 Registration on effective date—evidence of good safe holding and marketable title [§28.29]
- 25.1 Approving officer approval not required [§28.30]
- 26 Plan required with application by treaty first nation for first registration [§28.31]
- 27 Conclusive evidence of good safe holding and marketable title [§28.32]
- 28 Certificate of transfer [§28.33]
- 29 Additions to and deletions from treaty lands [§28.34]
- 30 Execution of instruments in respect of treaty lands [§28.35]
- PART 3—CANCELLING REGISTRATION OF TREATY LANDS
- 31 Cancelling registration of treaty lands [§28.36]
- PART 4—TREATY FIRST NATION FEE SIMPLE LANDS
- 32 Definition [§28.37]
- 33 Approving officer approval not required [§28.38]
- PART 5—FEE EXEMPTIONS
- 34 Exemptions from fees [§28.39]
-
Land Title Act Part 24.1 (ss. 373.2 to 373.91)—Nisga’a Lands and Categories A and B Lands
- Overview of Part 24.1 [§29.1]
-
Legislation and Commentary [§29.2]
- DIVISION 1—TREATMENT OF NISGA’A LANDS AND INSTITUTIONS
- 373.2 Effect of indefeasible title to Nisga’a Lands [§29.3]
- 373.21 Assignment of distinguishing letter by registrar [§29.4]
- 373.22 Requirements as to subdivision in respect of Nisga’a Lands [§29.5]
- 373.23 Controlled access highways [§29.6]
- 373.3 Tender of plan for examination and approval [§29.7]
- 373.31 Matters to be considered by approving officer on application for approval [§29.8]
- 373.32 Matters to be considered in respect of land within Nisga’a Lands [§29.9]
- 373.33 Acceptable descriptions of land [§29.10]
- 373.4 Dedication by reference or explanatory plan [§29.11]
- 373.41 Dedication and vesting [§29.12]
- 373.42 Designation of plans in respect of submerged lands [§29.13]
- 373.43 Amendment of deposited plan in certain cases [§29.14]
- 373.44 Deposit of statutory right of way plan [§29.15]
- 373.5 Nisga’a law to be filed if closing road or public square [§29.16]
- 373.51 Definitions for applying Part 8 [§29.17]
- 373.52 Cancellation of plans [§29.18]
- 373.53 Air space [§29.19]
- 373.6 Rights of owner of surface [§29.20]
- 373.61 Registration of debt owing to Nisga’a Nation or Nisga’a Village [§29.21]
- 373.62 Statutory right of way [§29.22]
- 373.63 Registration of covenant as to use and alienation [§29.23]
- 373.64 Registration of land vested under Nisga’a Law [§29.24]
- 373.7 Notice of tax sale or redemption of tax sale land [§29.25]
- 373.71 Effect of registration of title or leasehold interest derived from tax sale [§29.26]
- 373.72 Power of registrar to lodge caveat [§29.27]
- DIVISION 2—FIRST REGISTRATION OF TITLE TO NISGA’A LANDS
- 373.73 Plan required with application for first registration [§29.28]
- 373.8 Conclusive evidence of good safe holding and marketable title [§29.29]
- 373.81 Additions to Nisga’a Lands [§29.30]
- 373.82 Execution of instruments in respect of Nisga’a Lands [§29.31]
- DIVISION 3—REGISTRATION OF CATEGORIES A AND B LANDS
- 373.9 Requirements for first registration of Categories A & B Lands [§29.32]
- 373.91 Effect of indefeasible title to Categories A & B Lands [§29.33]
- Land Title Act Part 24.2 (s. 373.92)—Cancelling Registration of Reserve Lands Registered to Canada
-
Land Title Act Part 25 (ss. 374 to 394)—Miscellaneous
- Overview of Part 25 [§31.1]
-
Legislation and Commentary [§31.2]
- 374 Record of names [§31.3]
- 375 Record of registered land [§31.4]
- 376 Pending applications [§31.5]
- 377 Searching of records [§31.6]
- 378 Registrar to provide certificates [§31.7]
- 379 Certificate as evidence [§31.8]
- 380 Lost or destroyed instruments [§31.9]
- 381 Rights of officers of taxing authorities [§31.10]
- 382 Powers and duties of registrar [§31.11]
- 383 Registrar to cancel or correct instruments, etc. [§31.12]
- 383.1 Public Agency Accommodation Act amendments [§31.13]
- 383.2 Homeowner Protection Act amendments [§31.14]
- 384 Preservation of registry records and plans [§31.15]
- 384.1 Records of Land Title and Survey Authority [§31.16]
- 385 Power to make regulations [§31.17]
- 386 Fees [§31.18]
- 386.1 Fees specified in Schedule 2 [§31.19]
- 386.2 Fees payable despite other enactments [§31.20]
- 387 Offence of fraud [§31.21]
- 388 Offence of false misrepresentation [§31.22]
- 389 Application of Offence Act [§31.23]
- 390 Penalties [§31.24]
- 391 Conviction not to affect liability [§31.25]
- 392 Contaminated land [§31.26]
- 393 Transitional [§31.27]
- 394 Transitional removal of notations made under the Forest Land Reserve Act [§31.28]
-
Land Title Fees
- Overview of Fees [§32.1]
-
Land Title and Survey Authority Fees [§32.2]
- Statutory Services under the Land Title Act [§32.3]
- Statutory Services under the Land Act [§32.4]
- Statutory Services under the Mineral Tenure Act [§32.5]
- Statutory Services under the Energy Resource Activities General Regulation [§32.6]
- Statutory Services Under the Land Owner Transparency Act [§32.7]
- Delegated Powers [§32.8]
- Administrative Services [§32.9]
- Detailed Listing of Fees for Common Land Title Transactions [§32.10]
-
Land Title Act—Regulations and Director’s Directions
- Overview of Regulations and Director’s Directions [§33.1]
-
Legislation and Commentary [§33.2]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- 1 Definition [§33.4]
- PART 1—FEES
- 2 Prescribed fee—application for exemption under section 108 of the Act [§33.5]
- 3 Original Documents/Instruments [§33.6]
- 5 Land in more than one land title district [§33.7]
- PART 2—GENERAL REGULATIONS
- DIVISION 1—HIGHWAY ACCESS ALTERNATIVES
- 8 Relief from access requirements—general [§33.8]
- 9 If there is no connection with a highway [§33.9]
- 10 Access by air or water [§33.10]
- 11 Where one of the lots is contiguous with a highway [§33.11]
- 12 Access via shared interest in common lot [§33.12]
- 13 Amendments to section 158 of the Act [§33.13]
- 15 Access by a forest service road [§33.14]
- DIVISION 2—PRACTICE UNDER OTHER ACTS
- 16 Hospital Act [§33.15]
- 17 Cremation, Interment and Funeral Services Act [§33.16]
- 18 Human Resource Facility Act [§33.17]
- 19 to 21 [Repealed] [§33.18]
- 22 Zoning regulations under the Aeronautics Act (Canada) [§33.19]
- 23 Estate Tax Act (Canada) [§33.20]
- 24 Right of way under the Land Act [§33.21]
- DIVISION 3—MISCELLANEOUS
- 25 Cancellation of certificate of pending litigation (alternative to s. 254) [§33.22]
- 25.1 Registration of certificate of pending litigation [§33.23]
- 26 Exemptions from the name records [§33.24]
- 27 Time limit for approval in certain cases [§33.25]
- PART 3—FORMS AND BOUNDARIES
- 28 Forms [§33.26]
- 29 Court Order Enforcement Act [§33.27]
- 30 Certain forms not compulsory [§33.28]
- 32 Boundaries [§33.29]
- 33 Storage of records [§33.30]
- Schedule A [§33.31]
- Schedule B [§33.32]
- Schedule C [§33.33]
- Application for Subdivision Approval Regulation, B.C. Reg. 8/89 [§33.34]
-
Land Title (Transfer Forms) Regulation B.C. Reg. 53/90 [Repealed and Replaced] [§33.38]
- 1 Interpretation [§33.39]
- 2 Prescribed forms [§33.40]
- 3 Completion of transfer form [§33.41]
- 4 Format [§33.42]
- 5 Use of seal [§33.43]
- 6 Abbreviations [§33.44]
- 7 Prescribed mortgage terms [§33.45]
- 8 Filed mortgage terms and filed charge terms [§33.46]
- 9 Excluded instruments [§33.47]
- 10 Other forms [§33.48]
- 11 English language [§33.49]
- Schedule A—Forms [§33.50]
- Schedule B—Prescribed Standard Mortgage Terms [§33.51]
-
Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010 [§33.52]
- 1 Definition [§33.53]
- 2 Amendments to section 158 of the Act [§33.54]
- 3 Land title district boundaries [§33.55]
- 4 Prescribed mortgage terms [§33.56]
- 5 Excluded instruments [§33.57]
- SCHEDULE A
- LAND TITLE DISTRICT BOUNDARIES
- Kamloops Land Title District [§33.58]
- Nelson Land Title District [§33.59]
- New Westminster Land Title District [§33.60]
- Prince George Land Title District [§33.61]
- Prince Rupert Land Title District [§33.62]
- Vancouver Land Title District [§33.63]
- Victoria Land Title District [§33.64]
- SCHEDULE B
- PRESCRIBED STANDARD MORTGAGE TERMS
- MORTGAGE TERMS PART 2
- 1 Interpretation [§33.65]
- 2 What this mortgage does [§33.66]
- 3 Interest [§33.67]
- 4 Payment on the mortgage money [§33.68]
- 5 Promises of the borrower [§33.69]
- 6 Agreements between the borrower and the lender [§33.70]
- 7 Defaults [§33.71]
- 8 Consequences of a default [§33.72]
- 9 Construction of buildings or improvements [§33.73]
- 10 Leasehold mortgage [§33.74]
- 11 Receiver [§33.75]
- 12 Strata lot provisions [§33.76]
- 13 Subdivision [§33.77]
- 14 Current and running account [§33.78]
- 15 Covenantor’s promises and agreements [§33.79]
- 16 General [§33.80]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- Land Title Forms
- 33 An equitable mortgage or lien created by the deposit of a duplicate indefeasible title or other instrument, whether or not accompanied by a memorandum of deposit, is not registrable.
1979-219-33; 1982-60-9, proclaimed effective August 1, 1983.
PRACTICE
Deposit of Duplicate Certificate of Title with Lending Institution
A lending institution that takes a deposit of an owner’s duplicate certificate of indefeasible title as security for a loan is not entitled to register this equitable mortgage.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
See s. 195 of the Act regarding the requirement that the duplicate indefeasible title be surrendered to the registrar for cancellation before an application may be made to register a charge by way of mortgage or agreement for sale.
Regarding the effect of unregistered instruments, see s. 20 of the Act.
See also Di Castri, Registration of Title to Land, vol. 2, §13:7 to §13:11; Megarry and Wade, The Law of Real Property, 8th ed.; and M.A. Waldron, “Unregistered Equitable Mortgages in British Columbia: Lenders Beware” (1987) 45 Advocate 533.
CASE LAW
Creation of Equitable Mortgages
In the absence of evidence of a contrary intention, a transaction consisting of (1) an interim agreement and absolute transfer of title to property, (2) a one-year option in favour of the transferor to repurchase the property, and (3) a one-year lease of the property to the transferor does not constitute an equitable mortgage and thus does not give rise to an equitable right to redeem title to the property after the legal right to repurchase has expired. In this case, the question of intent turned on the credibility of the parties at trial, and the transferor’s evidence of his intention to merely transfer his property as security for borrowing was not credible; the transfer was absolute (Blackaby v. Rabson, 1993 CanLII 668 (BC SC), affirming 1994 CanLII 543 (BC CA)).
Liability of Assurance Funds
An assurance fund does not protect a person holding as security a duplicate certificate of indefeasible title from the registrar’s omission to recall the duplicate before registering a subsequent mortgage (Royal Bank of Canada v. British Columbia (Attorney General), 1979 CanLII 464 (BC SC)). See ss. 294.6 and 303 of the Act.