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In This Volume

  • 93 (1) Except if a subdivider is proceeding under
  • (a) section 94,
  • (b) Part 9, in respect of a highway, or
  • (c) section 58 or 80 of the Land Act,
  • a plan must not be deposited by the registrar unless the title to all the land included in the plan and subdivided by it is registered in the indefeasible fees register.
  • (2) The registrar may, in his or her discretion, refuse to deposit a plan covering land held under more than one title if the registrar considers that confusion as to title of parcels may result.

1979-219-93.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 90 and 131.

CASE LAW

Proof of Registration

Compliance with this section is imperative and imposes on an applicant the onus of proving that the land in the subdivision plan is registered; that is, contained in land described in an existing indefeasible title (Re Land Registry Act; Re Lot 21 May 455, 1956 CanLII 661 (BC CA)).