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In This Volume

  • 60 (1) In addition to the limitations set out in section 23(2) of the Land Title Act, a certificate of title issued before June 29, 1973 for agricultural land is subject, by implication and without endorsement on the certificate of title, to this Act and the regulations governing the agricultural land reserve and farm use of the land.
  • (2) A Registrar of Titles must endorse on every indefeasible title to agricultural land issued after June 29, 1973 that the title may be affected by this Act.

2002-36-60, effective November 1, 2002 (B.C. Reg. 171/2002); 2019-32-36, effective March 12, 2020 (B.C. Reg. 57/2020).

PRACTICE

Indefeasible Titles Subject to Act

Although s. 60(1) provides that an indefeasible title for agricultural land is subject, “by implication and without endorsement”, to the Act and regulations, land title offices have tried to identify all titles that may be affected by the Act and to endorse them to that effect. Nevertheless, it is the responsibility of the registered owner to determine whether or not the owner’s title is subject to the Act.

Registration of Crown Grant Where Land in Agricultural Land Reserve

When the Crown issues a Crown grant, the Surveyor General forwards the Crown grant and a covering letter under the letterhead of Crown Land Registry Services to the appropriate land title office. In the covering letter, the Surveyor General indicates whether the land may be subject to the Act. If so, the registrar endorses the agricultural land reserve notation on the new indefeasible title.