Land Title Practice Manual

83 Expiration Of Lien

In This Volume

  • 83 (1) A judgment, except a nonexpiring judgment including a renewal of it under subsection (3), registered under this Part, at the expiration of 2 years after the registration or last renewal of registration of it, ceases to form a lien or charge on the land of the judgment debtor, or anyone claiming under the judgment debtor, unless before the expiration of 2 years the registration of the judgment is renewed.
  • (2) A nonexpiring judgment registered before October 31, 1979 expires at the end of 2 years after the Land Title Act came into force, unless renewed under subsection (3).
  • (3) A judgment creditor, in respect of a nonexpiring judgment, may, at any time within the 2 year period referred to in subsection (2), apply to register a renewal of the judgment.
  • (4) Sections 86(4) and (5) and 89 apply to an application under subsection (3).

1979-75-76.

PRACTICE

Notation that Judgment Is Nonexpiring

The registrar adds the notation “Nonexpiring” in the remarks segment of the endorsement.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

“Nonexpiring Judgment”

See the definition of “nonexpiring judgment” in s. 81 of the Act.

Note that s. 26(5) of the Family Maintenance Enforcement Act provides that s. 83(1) does not apply to notices of maintenance orders registered under s. 26 of that Act. Section 26 is reproduced at chapter 41 (Family Matters).

Expiration and Renewal of Registration

See s. 91 of the Act.

CASE LAW

Re-registration of Lapsed Judgment Permitted within 10-year Limitation Period

In Barker v. Daum, 2018 BCCA 402, the appellate court said the trial judge did not err in his interpretation of ss. 83 and 91 of the Act by concluding a judgment that has lapsed can be re-registered. As the 10-year limitation period for the judgment had not expired, the creditors were permitted under the Act to re-register the judgment after the two-year registration period lapsed.