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451 Mode Of Recovering Parcel From Defaulting Owner

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  • 451 (1) If the city as purchaser at a tax sale becomes the registered owner of a parcel and subsequently enters into an agreement to sell such parcel, and if the purchaser under such agreement makes default in the payment of principal, interest, taxes, or other charges due thereunder, the city need not bring an action to enforce its rights but may instead, if the Council by resolution so directs, cause notice to be given to the purchaser in writing at the address given in the agreement referring to this section and demanding payment of the amount in default to the city within ninety days from the giving of the notice and warning the purchaser that upon his failure to remedy the default within the said ninety days, he and those claiming under or through him will forfeit any interest in the said parcel, together with any sums theretofore paid to the city under the agreement. If the purchaser fails to remedy the default within the said period of ninety days, all the right, title, and interest of the purchaser under the agreement, and all those claiming under or through him, shall, at the expiration of such period, absolutely cease and determine, and the parcel shall immediately become revested in the city, free from all claims by the purchaser, or anyone claiming under or through him, and, notwithstanding any Statute or rule of law or equity to the contrary, all payments made to the city under the said agreement shall be forfeited to the city. The city may file with the Registrar of Land Titles a statutory declaration proving such resolution, the giving of the notice, and the continued default, and thereupon the Registrar shall cancel any charge or encumbrance registered against the parcel in respect of the agreement.
  • (2) Where any parcel becomes revested in the city under subsection (1), the city may cause notice to be given to any occupant of such parcel requiring him to vacate forthwith and giving to him four weeks’ notice of the city’s intention to sue out a writ of possession of such parcel in the Supreme Court of British Columbia, and unless within such four weeks the occupant vacates the parcel or registers a certificate of pending litigation against the parcel, the city shall, without any order for that purpose, be entitled to sue out such writ of possession on filing with the District Registrar of the Court an affidavit proving service of the notice and failure to vacate.

1953-55-451; 1992-55-2, effective October 1, 1994 (B.C. Reg. 300/94); 1997-25-200.