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In This Volume

  • 8 (1) A person may not acquire by prescription, occupation not lawfully authorized or a colour of right, an interest in Crown land, or in any land as against the government’s interest in it.
  • (2) A person does not acquire a right, vested or contingent, in Crown land, or a priority to Crown land by filing an application for Crown land under this Act.
  • (3) A disposition of Crown land is not binding on the government until the certificate of purchase, grant, lease, licence of occupation, right of way or easement is executed by the government under this Act.
  • (4) Negotiations or arrangements, whether in writing or otherwise, before the execution of the documents referred to in subsection (3) are not binding on and do not commit the government to perform or complete a disposition.



See Di Castri, Registration of Title to Land, vol. 1, para. 197.


“Public Road”

Section 8 of the Land Act imposes limitations and conditions on the Province’s discretion to dispose of Crown land, so as to consider and protect the public interest (Fox v. British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development), 2022 BCSC 541). See the summary of Fox under “36 Encroachment on adjoining land” in chapter 55.