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In This Volume

8 (1) The following interest and rights may be disposed of:

  • (a) a contingent, executory or future interest in land or a possibility coupled with an interest in land, whether or not the object of the gift, the limitation of the interest or the possibility is ascertained;
  • (b) a right of entry on land, immediate or future, vested or contingent.
  • (2) A right of entry affecting land, exercisable on breach of condition or for any other reason, may be made exercisable by any person and the persons claiming under the person.
  • (3) For the avoidance of doubt, the exercise of a right of entry under subsection (2) is subject to the Limitation Act.

1979-340-8.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Limitation Act

  • 3 (1) This Act does not apply to the following:
  • […]
  • (d) a claim for possession of land by a person who has a right to enter for breach of a condition subsequent, or a right to possession arising under possibility of reverter of a determinable estate;

See also s. 5 of the Limitation Act, S.B.C. 2012, c 13, which preserves the equitable defences of acquiescence and laches.

CASE LAW

Possibility of Reverter

At common law, a possibility of reverter was not alienable inter vivos because it is not an estate but merely a special right incident to other estates. Section 8(1) of the Property Law Act provides statutory authority for the disposition of possibilities of reverter (Westsea Construction Ltd. v. British Columbia (Registrar, Land Title Office), 1995 CanLII 1087 (BC SC); see also the annotations for this decision under s. 10 of this Act and ss. 1 and 231 of the Land Title Act in this Manual).