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In This Volume

  • 7 (1) On the filing of
  • (a) an order under section 5,
  • (b) an expropriation notice under section 6, or
  • (c) an amended expropriation notice under section 16(2) or 18(5),
  • the registrar must, without proof of the signature on or the authority of the order or notice, file the order or notice and make a note of it in the records of registered land and endorse it in the proper register.
  • (2) After the filing of an order or notice under subsection (1), the registrar must not
  • (a) register another instrument affecting the land covered by the order or notice other than
    • (i) a court order affecting the land,
    • (ii) a judgment for the payment of money,
    • (iii) a notice filed under section 99 of the Family Law Act,
    • (iv) an entry under section 2(1) of the Land (Spouse Protection) Act,
    • (v) a caveat or a certificate of pending litigation,
    • (vi) a builder’s lien or other instrument the application for registration of which was made before the order or notice was filed,
    • (vii) an easement, restrictive covenant or statutory right of way that does not affect any part of the land being expropriated, or
    • (viii) any other instrument that may be prescribed, or
  • (b) deposit a plan of subdivision or otherwise allow any change in the boundaries affecting the land covered by the order or notice.

1987-23-7; 1992-55-2, effective October 1, 1994 (B.C. Reg. 300/94); 2011-25-339, effective March 18, 2013 (B.C. Reg. 131/2012).

PRACTICE

Endorsement of Notice in Register

On satisfactory completion of the preliminary inspection, the registrar enters the notice in the register in the legal notation segment of title and enters the plan number in the miscellaneous notes segment.

Registrar Makes No Distinction between Builders Lien or Claim of Builders Lien

For the purpose of s. 7(2)(a)(vi), the registrar makes no distinction between a builders lien or a claim of builders lien. The registrar registers either a builders lien or a claim of builders lien after an expropriation notice or order has been filed.

Notice to Expropriating Authority

Where the registrar registers an instrument permitted under s. 7(2)(a)(i) to (vi), the registrar gives notice of it to the expropriating authority.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 3, §18:39, §18:40, and §18:44.