Skip to main content

70 Explanatory Plan Of Block Or Lot In Esquimalt And Nanaimo Railway Company Grant

In This Volume

  • 70 (1) An explanatory plan of an unsurveyed area designated as a block in an original grant from the Esquimalt and Nanaimo Railway Company and completely surrounded by surveyed parcels, the titles to which are registered under this Act, may be considered to be the plan of survey of that area.
  • (2) If the unsurveyed area referred to in subsection (1) and shown on the explanatory plan is not completely surrounded by surveyed parcels, the boundaries of the area adjoining the unsurveyed land must be run or traversed in accordance with the provisions of this Act and the rules made under section 385(5), and the explanatory plan is the plan of survey of the area.
  • (3) An explanatory plan described in subsection (1) or (2) must not be received on deposit in the land title office unless it has first been proved by the Surveyor General who may, in the Surveyor General’s discretion, approve or reject the plan.
  • (4) An application to the Surveyor General under subsection (3) must be accompanied by the fees payable under this Act.

1979-219-70; 2004-21-58; 2004-66-80, effective January 20, 2005 (B.C. Reg. 16/2005).

FEES

Fees are payable when the plan is tendered to the Surveyor General for approval (s. 70(4)), and to the land title office when the plan is submitted for deposit. Land Title Act fees are set out in chapter 31 (Land Title Act—Fees) of this Manual. These fees and Surveyor General fees are also available at ltsa.ca.

PRACTICE

Survey and Plan Rules

See Survey and Plan Rule 4-2, which deals with surveys of land in the Esquimalt and Nanaimo Railway grant, and Electronic Land Title Plan and Plan Application Requirements s. 4.3(c).

Explanatory Plans of Blocks or Lots in Esquimalt and Nanaimo Railway Grants

Background

Enactment of the Mineral Land Tax Act, R.S.B.C. 1996, c. 290, resulted in a surrender of some of the mineral interests of the Esquimalt and Nanaimo Railway to the Crown. The original grant to the Esquimalt and Nanaimo Railway by the Crown Dominion did not include gold and silver. Therefore, a situation might arise where the “U” notation, in favour of the Crown Dominion and the “Exc and Res” notations, in favour of the Esquimalt and Nanaimo Railway might both appear on the indefeasible title. Also, equitable interest F60387 and caveat F60599 must be considered when dealing with the registration of a block of Esquimalt and Nanaimo lands.

Registrar’s Procedure

Following receipt of a plan affecting lands in the Esquimalt and Nanaimo Railway Belt, a transfer, and a Form 20 requesting conversion from absolute fee to indefeasible fee, the registrar does the following.

Note that for electronic applications, Form 20 is in the class of supporting documents designated by the director for electronic filing. On the electronic Form 17 Fee Simple, select Application by Owner of Absolute Fee for Indefeasible Title from the drop-down menu and attach an image of the original Land Title Act Form 20.

  1. For electronic plans, a pre-assigned plan number is obtained by the British Columbia land surveyor.
  2. The registrar compares the plan with any information already on deposit.
  3. The registrar forwards a copy of the plan to the Ministry of Finance, Real Property Taxation Branch.
  4. In issuing the new title, the registrar considers if the minerals were surrendered by the E & N under the Mineral Land Tax Act and makes the appropriate endorsements. See “Endorsements” below.
  5. The registrar endorses the original Absolute Fee Title, AFB 9.693.7434A, and the duplicate copy.
  6. The registrar creates two short legal descriptions for the block: one in the unsubdivided lands and one in the subdivided lands.

Endorsements

Colour references under this heading refer to the map of the Comox Lieu Lands, which is on file in the Victoria Land Title Office.

Areas in white not in the Comox Lieu Lands

Section 181# Esquimalt and Nanaimo Railway Company A.F.B. 9.693.7434 A Railway Company See DD (grant DD) See CB 34.456
Equitable   F60387 re: Equitable Interest

Areas in orange not in the Comox Lieu Lands

Section 181# Esquimalt and Nanaimo Railway Company A.F.B. 9.693.7434A See DD (grant DD)

New Legal Descriptions

The full legal description for the new parcel is “Block (rarely lot) _____ , ______ District, shown on Plan (serial number)”. In the title (TI) segment of the new title, the registrar adds “E&N grant, DD (grant document number) to the area marked “root of title”. The short legals (SL’s) for the unsubdivided and subdivided lands are:

(i) u/ Land District: (name) (ii) s/ Plan (plan number)
  Block: (block number)   Marginal Note: Block______
  Marginal Note: Shown on plan_______   _______District