Land Title Practice Manual

68 Strata Lot Boundaries

In This Volume

  • 68 (1) Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.
  • (2) If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.
  • (3) A boundary shown on the strata plan must be shown in a manner approved by the registrar.
  • (4) Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan
  • (a) by reference to survey markers, and
  • (b) in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purpose of this section.

1998-43-68, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-18, effective July 1, 2000 (B.C. Reg. 43/2000); 2004-21-73.

PRACTICE

Bare Land Strata Monumentation: Section 68(4)

The Survey and Plan Rules apply with respect to surveys and strata plans. The rules are made by the Association of British Columbia Land Surveyors and approved and ordered by the Surveyor General. Survey instruction rules are available at www.abcls.ca. For rules with respect to bare land strata monumentation, see, in particular, Rule 7-10.

The Director of Land Titles has e-filing directions for electronic plan and plan applications set out in the Electronic Land Title Plan and Plan Application Requirements, available at https://ltsa.ca/wp-content/uploads/2020/10/Electronic_Land_Title_Plan_and_Plan_Application_Requirements.pdf.

Block Outline Posting May Be Permitted

The Surveyor General may allow the following types of block outline posting in accordance with Circular Letter No. 461B, Re: Block Outline Survey—Section 69(3), Land Title Act, reproduced in “Appendix 3: Surveyor General’s Circular Letters” at chapter 7 (following Part 7 of the Land Title Act):

  1. block outline with subsequent posting plan posting in a manner analogous to that set out in s. 69 of the Land Title Act;
  2. block outline with subsequent posting plan posting at specified intervals (see Rules 4-6 and 4-7 of the Survey and Plan Rules).

Common Property

Delineating Common Property

Under s. 1(1) of the Strata Property Act, common property means “that part of the land and buildings shown on a strata plan that is not part of a strata lot”.

All strata plans are required to have common property and each registered owner’s interest in the common property is noted on every strata lot title. See s. 14.11(2) of the Strata Property Regulation, B.C. Reg. 43/2000, which provides:

Indefeasible title
  • 14.11 (2) The registrar must include on any indefeasible title for a strata lot, in the legal description, the words “together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form V”.

Building Strata Plans

Strata plans must clearly delineate which part of the lands or buildings are strata lots so that the common property is clearly defined as well. For building strata plans, the strata plan must clearly define what part of the lands or buildings do not encompass part of the strata lots in order to identify the common property.

Under s. 68(3) of the Strata Property Act, the boundaries of the strata lots shown on the strata plan must be shown in a manner approved by the registrar.

Strata plans that only show the boundaries of strata lots, with no common property delineated, are not shown in a manner approved by the registrar.

Land surveyors who prepare building strata plans must ensure part of the lands or buildings are delineated as common property.

Bare Land Strata Plans

Bare land strata plans must also clearly define what part of the lands comprises common property.