Land Title Practice Manual

81 Definitions For Sections 82 To 112

In This Volume

  • 81 In sections 82 to 112, unless the context otherwise requires,
  • “judgment” means a judgment, decree or order of the Federal Court of Canada, Court of Appeal, Supreme Court or Provincial Court, or of a judge of any of those courts, or a claim established under the Creditor Assistance Act, by which judgment, decree, order or claim money is payable to any person, and includes an order made under any other Act that entitles a person to register the order in a land title office;
  • “land” includes every estate, right, title and interest in land, and all real property, both legal and equitable, and of every nature and kind, and any contingent, executory or future interest in it, and a possibility coupled with an interest in the land or real property, whether the object of the gift or limitation of the interest is ascertained or not, and also the right of entry, whether immediate or future and whether vested or contingent, into and on any land, and includes
  • (a) the respective interests of mortgagor and mortgagee under a valid and subsisting mortgage of land,
  • (b) the respective interests of vendor and purchaser under a valid and subsisting agreement for the sale and purchase of land,
  • (c) the interest in land of a joint tenant, whether or not subject to a mortgage, and
  • (d) the interest in land of a tenant in common,
  • but does not include the rights of a lien claimant under the Builders Lien Act;
  • “nonexpiring judgment” means a judgment to which the application of section 83(1) is, by any other Act, excluded;
  • “owner” has the same meaning as in the Land Title Act;
  • “register” has the same meaning as in the Land Title Act;
  • “registered owner” means registered as an owner under the Land Title Act;
  • “renewal” means the renewal of the registration of a judgment in accordance with section 91.

1979-75-74; 1981-10-18, proclaimed effective July 30, 1981; 1989-40-58.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Interpretation of Words and Phrases

See the discussion on the “Interpretation of Words and Phrases” at the “Introduction” located in the front matter of this Manual.

Maintenance Orders are “Nonexpiring Judgments”

See s. 26(5) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127 at chapter 42 (Family Matters). Section 26(5) provides that s. 83(1) of the Court Order Enforcement Act does not apply to notices of maintenance orders registered under s. 26 of the Family Maintenance Enforcement Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 3, §21:3 (“land”).

CASE LAW

Validity of Certificate with “Costs to be Assessed”

The court registrar endorsed certificates of judgment for costs awarded to the appellants. The land title office refused to register the certificates against the defendant’s interests in certain lands because the certificates referred to “costs to be assessed”. The certificates did not specify either a monetary amount or an amount immediately ascertainable. The court held that the certificates ought to have been accepted for registration by the land title office as the costs were money payable within the meaning of s. 81 of the Act. Although unspecified, costs were payable and interest was calculable from the date of the judgment. Furthermore, the amount ultimately ascertained could be treated as if it were included in the judgment. The court found no policy reason to treat parties in the position of the appellants any differently from the holders of other judgments under which money is payable. In both circumstances, a judgment debtor could clear title by reaching an accommodation with a judgment creditor thus avoiding a significant potential for abuse if the judgment was not registered and the judgment debtor was allowed to carry on as if there were no judgment. As the property in question had been sold and the monies paid into trust, the court confirmed the validity of the judgments as a claim against the trust funds (Graham v. Moore Estate, 2004 BCSC 274).

“Land”

See the annotation for Re Hollebone, 1982 CanLII 687 (BC SC), under s. 86 of this Act.