In This Volume
- Land Title Act Part 1 (ss. 1 to 3)—Definitions, Interpretation and Application
-
Land Title Act Part 2 (ss. 4 to 19)—Land Title Offices and Officers
- Overview of Part 2 [§2.1]
-
Legislation and Commentary [§2.2]
- 4 Land title districts [§2.3]
- 5 Power to constitute and change districts [§2.4]
- 6 Land title office [§2.5]
- 7 Continuation of existing offices and records [§2.6]
- 8 Duty of registrar to provide records affecting land in new district [§2.7]
- 9 Director of Land Titles [§2.8]
- 10 Registrar and staff [§2.9]
- 11 Deputy registrar and assistant deputy registrar [§2.10]
- 12 Evidence of authority of officials to act in certain cases [§2.11]
- 13 Qualifications for appointment to office [§2.12]
- 14 Prohibition of officers and staff acting in conflict with duties [§2.13]
- 15 Official seal [§2.14]
- 16 Office hours [§2.15]
- 17 [Repealed] [§2.16]
- 18 Protection of director and registrar from personal liability [§2.17]
- 19 Exemption of registrar from attendance as witness in court [§2.18]
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Land Title Act Part 3 (ss. 20 to 38)—Registration and Its Effect
- Overview of Part 3 [§3.1]
-
Legislation and Commentary [§3.2]
- 20 Unregistered instrument does not pass estate [§3.3]
- 21 Unregistered instruments executed and taking effect before July 1, 1905 [§3.4]
- 22 Operation of instrument as from time of registration [§3.5]
- 23 Effect of indefeasible title [§3.6]
- 24 Title by prescription abolished [§3.7]
- 25 Protection of registered owner against actions for recovery of land [§3.8]
- 25.1 Void instruments—interest acquired or not acquired [§3.9]
- 26 Registration of a charge [§3.10]
- 27 Notice given by registration of charge [§3.11]
- 28 Priority of charges based on priority of registration [§3.12]
- 29 Effect of notice of unregistered interest [§3.13]
- 30 Notice of unregistered interest as affecting registered owner of charge [§3.14]
- 31 Priority of caveat or certificate of pending litigation [§3.15]
- 32 Validity of registered voluntary conveyance [§3.16]
- 33 Equitable mortgage or lien not registrable [§3.17]
- 34 Registration of indefeasible title by court order [§3.18]
- 35 Admissibility of instruments [§3.19]
- 36 Completion of registration [§3.20]
- 37 Registration effective from time of application [§3.21]
- 38 Registrar to create official record of instruments and documents [§3.22]
- Land Title Act Part 4 (ss. 39 to 40)—Forms of Instruments
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Land Title Act Part 5 (ss. 41 to 50)—Attestation and Proof of Execution of Instruments
- Overview of Part 5 [§5.1]
-
Legislation and Commentary [§5.2]
- 41 Definitions [§5.3]
- 42 Witnessing and execution [§5.4]
- 43 Witnessing—individuals [§5.5]
- 44 Witnessing—corporations [§5.6]
- 45 Witnessing—individual power of attorney [§5.7]
- 46 Witnessing—corporate power of attorney [§5.8]
- 47 Witnessing—persons not fluent in English [§5.9]
- 47.1 [Repealed] [§5.10]
- 48 Execution under seal [§5.11]
- 49 If instrument not witnessed [§5.12]
- 50 Defects [§5.13]
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Land Title Act Part 6 (ss. 51 to 57)—Powers of Attorney
- Overview of Part 6 [§6.1]
-
Legislation and Commentary [§6.2]
- 51 Deposit of power of attorney on registration of instrument [§6.3]
- 52 Attorney’s powers extend to after acquired land [§6.4]
- 53 Index of powers of attorney [§6.5]
- 54 Effect of execution of second power of attorney [§6.6]
- 55 Power of personal representative or trustee [§6.7]
- 56 Power of attorney valid for 3 years only [§6.8]
- 57 Revocation of power of attorney [§6.9]
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Land Title Act Part 7 (ss. 58 to 120)—Descriptions and Plans
- Overview of Part 7 [§7.1]
-
Legislation and Commentary [§7.2]
- DIVISION 1—GENERAL
- 58 Description of land [§7.3]
- 59 Public official plan [§7.4]
- 60 Description in Crown grant [§7.5]
- 61 Registration of title to Esquimalt and Nanaimo Railway Company land [§7.6]
- 62 Subsequent descriptions of land [§7.7]
- 63 Description by parcels shown on subdivision plan [§7.8]
- 64 Substitution for metes and bounds or abbreviated description [§7.9]
- 65 Assignment of distinguishing letter to remainder [§7.10]
- 66 Assignment of distinguishing letter by registrar [§7.11]
- 67 Requirements as to subdivision and reference plans [§7.12]
- 68 Posting plan [§7.13]
- 69 Block outline survey [§7.14]
- 70 Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant [§7.15]
- 71 Composite plans [§7.16]
- 72 When composite plan not to be deposited [§7.17]
- DIVISION 2—SUBDIVISION OF LAND
- 73 Restrictions on subdivision [§7.18]
- 73.1 Lease of part of a parcel of land enforceable [§7.19]
- 74 Method of defining new parcel [§7.20]
- 75 Requirements for subdivisions [§7.21]
- 76 Relief from requirements established by section 75 [§7.22]
- DIVISION 3—APPOINTMENT, POWERS AND DUTIES OF APPROVING OFFICERS
- 77 Appointment of municipal approving officers [§7.23]
- 77.1 Appointment of regional district and islands trust approving officers [§7.24]
- 77.2 Provincial approving officers [§7.25]
- 77.21 Appointment of treaty first nation approving officers [§7.26]
- 77.3 Nisga’a approving officer [§7.27]
- 78 Certain designations prohibited on subdivision plans [§7.28]
- 79 [Repealed] [§7.29]
- 80 Controlled access highway [§7.30]
- 81 Land in improvement districts [§7.31]
- 82 [Repealed] [§7.32]
- DIVISION 4—APPROVAL OF SUBDIVISION PLANS
- 83 Tender of plan for examination and approval [§7.33]
- 83.1 Referral to designated highways official [§7.34]
- 84 Plan tendered later than 3 months after survey [§7.35]
- 85 Time limit for approval and consideration of public interest [§7.36]
- 85.1 Environmental Management Act requirements must be met [§7.37]
- 86 Matters to be considered by approving officer on application for approval [§7.38]
- 87 Local government matters to be considered by approving officer [§7.39]
- 88 Approval of plan [§7.40]
- 89 Appeal to Supreme Court [§7.41]
- 90 Power of Lieutenant Governor in Council to prohibit deposit of plan [§7.42]
- DIVISION 5—DEPOSIT OF SUBDIVISION PLANS
- 91 Approval of subdivision plan required [§7.43]
- 92 Application for deposit [§7.44]
- 93 Title to land in plan required to be registered [§7.45]
- 94 Endorsement of certificate [§7.46]
- 95 Accreted land within plan [§7.47]
- 96 Water boundary deemed to be natural boundary [§7.48]
- 97 Signatures of owners to plan [§7.49]
- 98 New indefeasible titles for parcels shown on deposited plan [§7.50]
- DIVISION 6—OTHER METHODS OF DEFINING NEW PARCELS
- 99 Registrar to determine whether description of land acceptable [§7.51]
- 100 Re-establishment of boundaries [§7.52]
- 101 Principles guiding approving officer [§7.53]
- 102 Dedication by reference or explanatory plan [§7.54]
- 103 Execution of plan by owner [§7.55]
- 104 Serial deposit number [§7.56]
- DIVISION 7—CONFLICTING MEASUREMENTS
- 105 Power of registrar if measurements on plans conflict [§7.57]
- 106 Power of registrar to correct errors, defects or omissions [§7.58]
- DIVISION 8—VESTING OF TITLE BY DEPOSIT OF PLAN
- 107 Dedication and vesting [§7.59]
- 108 If designation on plan “Returned to Crown in right of the Province” [§7.60]
- 109 Extinguishment of highway not shown on plan [§7.61]
- DIVISION 9—AMENDMENT OF PLAN
- 110 [Repealed] [§7.62]
- DIVISION 10—PENALTIES IF PLANS NOT DEPOSITED
- 111 Rights of purchaser when plan not deposited [§7.63]
- 112 Penalty for failure to deposit plan of subdivision [§7.64]
- DIVISION 11—STATUTORY RIGHT OF WAY PLANS
- 113 Deposit [§7.65]
- 114 Statutory right of way plan may be used in application to register fee simple [§7.66]
- 115 Deposit of statutory right of way plan [§7.67]
- 116 Requirements of statutory right of way plans [§7.68]
- 117 Widening of statutory right of way [§7.69]
- 118 When water boundary deemed natural boundary [§7.70]
- 119 Alteration in deposited statutory right of way plan [§7.71]
- DIVISION 12—PLANS AND DESCRIPTIONS TO ACCOMPANY BYLAWS
- 120 Municipal bylaw cancelling highway or public square dedication [§7.72]
- Appendix 1: Reading Metes and Bounds Descriptions [§7.73]
- Appendix 2: Types of Plans [§7.74]
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Appendix 3: Surveyor General’s Circular Letters [§7.75]
- Re: Headings on Plans Filed Pursuant to Section 69 of the Land Title Act (C.L. No. 455) [§7.76]
- Re: Block Outline Survey—Section 69(3), Land Title Act (C.L. No. 461B) [§7.77]
- Re: Section 108 Land Title Act (C.L. 468) [§7.78]
- Re: Ambulatory Natural Boundaries and Artificial High Water Marks—Effects on the Extent of Ownership (C.L. No. 470) [§7.79]
- Re: Surveys of Crown Land Pursuant to the Land Title Act and the Land Act and Submission of Resultant Plans to the Surveyor General (C.L. No. 475A) [§7.80]
- Re: Accretion and Natural Boundary Adjustment Applications to the Surveyor General Pursuant to Sections 94(1) and 118(1) of the Land Title Act (C.L. No. 477A) [§7.81]
- Re: Block Outline Survey—Amendment to Section 69.1, Land Act (C.L. No. 478) [§7.82]
- Section 58 Land Act Applications (C.L. No. 484B) [§7.83]
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Land Title Act Part 8 (ss. 121 to 137)—Cancellation of Plans
- Overview of Part 8 [§8.1]
-
Legislation and Commentary [§8.2]
- 121 Definitions and interpretation [§8.3]
- 122 Cancellation of plans by application to the registrar [§8.4]
- 123 Petition to cancel plan [§8.5]
- 124 Report of approving officer and district highways manager [§8.6]
- 125 Service of petition and other documents [§8.7]
- 126 Publications and posting [§8.8]
- 127 Notice of intention to appear [§8.9]
- 128 Place of hearing [§8.10]
- 129 Powers of registrar in relation to the hearing [§8.11]
- 130 Duties of registrar on hearing the petition [§8.12]
- 131 Powers of the registrar to cancel or alter a plan [§8.13]
- 132 Opposition by local authority [§8.14]
- 133 Opposition by minister [§8.15]
- 134 Preparation and registration of order [§8.16]
- 135 Registrar may vest an estate in fee simple [§8.17]
- 136 Cancellation by minister of plan comprising Crown land [§8.18]
- 137 Cancellation of interior lines [§8.19]
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Land Title Act Part 9 (ss. 138 to 146)—Air Space Titles
- Overview of Part 9 [§9.1]
-
Legislation and Commentary [§9.2]
- 138 Definitions [§9.3]
- 139 Air space is land [§9.4]
- 140 Covenant to grant easements or to convey restrictive covenants not implied [§9.5]
- 141 Subdivision of land into air space parcels [§9.6]
- 142 Air space parcels in respect of highways [§9.7]
- 143 Air space plan [§9.8]
- 144 Air space plan [§9.9]
- 145 Taxation [§9.10]
- 146 Application [§9.11]
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Land Title Act Part 10 (ss. 147 to 168)—Applications for Registration and Evidence in Support
- Overview of Part 10 [§10.1]
-
Legislation and Commentary [§10.2]
- 147 Application required [§10.3]
- 148 Form and manner of applying [§10.4]
- 149 Address of applicant [§10.5]
- 150 Particulars as to witness and parties to instrument [§10.6]
- 151 [Repealed] [§10.7]
- 152 Description of foreign government [§10.8]
- 153 Time of application [§10.9]
- 154 Application for registration of fee simple [§10.10]
- 155 Application for registration of charge [§10.11]
- 156 Application must be for all lands or charges comprised in instrument [§10.12]
- 157 Forms [§10.13]
- 158 Restrictions as to scope of application [§10.14]
- 159 Registrar may require deposit of instruments [§10.15]
- 160 Summons to produce instruments [§10.16]
- 161 Application to court to compel production or deposit of instruments [§10.17]
- 162 Powers of court on hearing [§10.18]
- 163 Notice of intention to register [§10.19]
- 164 Registration after notice [§10.20]
- 165 Corporate powers assumed [§10.21]
- 166 Disposal of instruments deposited [§10.22]
- 167 Withdrawal of application [§10.23]
- 168 Summary rejection of defective application [§10.24]
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Land Title Act Part 10.1 (ss. 168.1 to 168.7)—Electronic Filing
- Overview of Part 10.1 [§11.1]
-
Legislation and Commentary [§11.2]
- DIVISION 1—DEFINITIONS AND APPLICATION
- 168.1 Definitions [§11.3]
- 168.11 Application of other provisions of Act [§11.4]
- DIVISON 2—ELECTRONIC FILING
- 168.2 Electronic filing [§11.5]
- 168.21 Effect of electronic filing [§11.6]
- 168.22 Directions on electronic filing [§11.7]
- DIVISION 3—SPECIAL RULES FOR CERTAIN DOCUMENTS
- 168.3 Plans—preparation by land surveyor [§11.8]
- 168.31 Plans—signature of other persons [§11.9]
- 168.32 Charges—cancellation by corporate registered owner [§11.10]
- 168.33 Supporting documents [§11.11]
- DIVISION 4—CERTIFICATION BY DESIGNATE
- 168.4 Designates [§11.12]
- 168.41 Documents executed or witnessed [§11.13]
- 168.42 Plans [§11.14]
- 168.43 Supporting documents [§11.15]
- DIVISION 5—GENERAL
- 168.5 Original document [§11.16]
- 168.51 Copies of electronic documents [§11.17]
- 168.52 Admissibility of execution copies [§11.18]
- 168.53 Delivery in registrable form [§11.19]
- 168.54 Deeds [§11.20]
- 168.55 Corrective declarations [§11.21]
- 168.56 Amendments to electronic plans [§11.22]
- 168.57 Production of evidence [§11.23]
- 168.58 Disposal of electronic documents [§11.24]
- DIVISION 6—CERTIFICATION OF SUBSCRIBERS
- 168.6 Definitions [§11.25]
- 168.61 Certification authority [§11.26]
- 168.62 Certification practice statement [§11.27]
- 168.63 Warranties of certification authorities [§11.28]
- 168.64 Immunity [§11.29]
- DIVISION 7—OFFENCES
- 168.7 Offences [§11.30]
-
Land Title Act Part 11 (ss. 169 to 184)—Registration in Fee Simple
- Overview of Part 11 [§12.1]
-
Legislation and Commentary [§12.2]
- DIVISION 1—FIRST REGISTRATION
- 169 Registration of title [§12.3]
- 170 Requirements as to production of title deeds [§12.4]
- 171 Adverse possession [§12.5]
- 172 First estate of inheritance necessary to registration of fee simple [§12.6]
- 173 Several persons interested in registration [§12.7]
- 174 Application to convert absolute fee into indefeasible title [§12.8]
- DIVISION 2—THE REGISTRAR AND DUPLICATE INDEFEASIBLE TITLES
- 175 Register and records [§12.9]
- 176 Duplicate indefeasible title [§12.10]
- 177 Registration of joint tenants [§12.11]
- DIVISION 3—GENERAL
- 178 Limitation on number of parcels [§12.12]
- 179 Rights of owner of surface [§12.13]
- 180 Recognition of trust estates [§12.14]
- 181 Interest or right reserved to transferor [§12.15]
- 182 Registration of restrictive covenants and easements [§12.16]
- Appendix—Summary of the Law of Easements [§12.17]
- Land Title Act Part 12 (ss. 185 to 190)—Transfers
-
Land Title Act Part 13 (ss. 191 to 196)—Dealings With Indefeasible Title Other Than by Registration
- Overview of Part 13 [§14.1]
-
Legislation and Commentary [§14.2]
- 191 Registration of new indefeasible title and change of name [§14.3]
- 192 Registration of several indefeasible titles instead of original [§14.4]
- 193 Lost indefeasible certificate of title [§14.5]
- 194 Effect given to new or provisional indefeasible title [§14.6]
- 195 Surrender of duplicate indefeasible title on registration of charge [§14.7]
- 196 Provisional title may issue to minerals [§14.8]
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Land Title Act Part 14 (ss. 197 to 237)—Charges
- Overview of Part 14 [§15.1]
-
Legislation and Commentary [§15.2]
- DIVISION 1—GENERAL
- 197 Registration of charges [§15.3]
- 198 Registration of person creating charge [§15.4]
- 199 Registration of subcharges [§15.5]
- 200 No subright to purchase registrable [§15.6]
- 201 Registration of assignment of charge [§15.7]
- 202 [Repealed] [§15.8]
- 203 Floating charges on land [§15.9]
- 204 Registration of debt to the government as a charge [§15.10]
- 205 Writ affecting land [§15.11]
- 206 Registration of transfer, extension or modification of charges [§15.12]
- 207 Form of postponement [§15.13]
- 208 Certificates of charge [§15.14]
- 209 Transfer of mortgage [§15.15]
- DIVISION 2—JUDGMENTS
- 210 Registration of judgments in same manner as charge [§15.16]
- 211 Registration of assignment of judgment and form of assignment [§15.17]
- 212 Notice to judgment creditor of intention to register [§15.18]
- 213 Costs on failure to establish priority [§15.19]
- 214 Form of release [§15.20]
- DIVISION 3—CERTIFICATE OF PENDING LITIGATION
- 215 Registration of certificate of pending litigation in same manner as charge [§15.21]
- 216 Effect of registered certificate of pending litigation [§15.22]
- 217 Effect of certificate of pending litigation if prior application is pending [§15.23]
- DIVISION 4—STATUTORY RIGHTS OF WAY, MISCELLANEOUS CONVENANTS AND EASEMENTS
- 218 Statutory right of way [§15.24]
- 219 Registration of covenant as to use and alienation [§15.25]
- 220 Statutory building scheme and letting scheme [§15.26]
- 221 Requirements of registrable restrictive covenant [§15.27]
- 222 Discriminating covenants are void [§15.28]
- 223 Subdivision of dominant tenement [§15.29]
- DIVISION 4.1—PARTY WALL AGREEMENTS
- 223.1 Definitions [§15.30]
- 223.2 Binding effect [§15.31]
- DIVISION 5—MORTGAGES
- 224 Definition [§15.32]
- 225 Form of mortgage [§15.33]
- 226 Modification of standard terms [§15.34]
- 227 Prescribed standard mortgage terms [§15.35]
- 228 Filed standard mortgage terms [§15.36]
- 229 Receipt of standard mortgage terms by mortgagor [§15.37]
- 230 Registrar may require filing [§15.38]
- 231 Effect of a mortgage [§15.39]
- DIVISION 6—GENERAL INSTRUMENTS
- 232 Definitions and application [§15.40]
- 233 Form of general instrument [§15.41]
- 234 Modification of standard terms of general instrument [§15.42]
- 235 Filed standard general instrument terms [§15.43]
- 236 Effect of a general instrument [§15.44]
- 237 Release of registered charge [§15.45]
- Land Title Act Part 15 (ss. 238 to 240)—Instruments
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Land Title Act Part 16 (ss. 241 to 259)—Cancellation of Charges
- Overview of Part 16 [§17.1]
-
Legislation and Commentary [§17.2]
- 241 Cancellation of registration of charge [§17.3]
- 242 Application to cancel mortgage created by vendor [§17.4]
- 243 Redemption of mortgage if mortgagee absent [§17.5]
- 244 Mortgagee’s refusal or neglect to give discharge [§17.6]
- 245 Vesting order in favour of purchaser [§17.7]
- 246 Cancellation if charge determined by effluxion of time [§17.8]
- 247 Cancellation of lease on breach of covenant [§17.9]
- 248 Effect of cancellation [§17.10]
- 249 Power of court to order cancellation of charge [§17.11]
- 250 Cancellation of charge on payment into court [§17.12]
- 251 Application to court [§17.13]
- 252 Cancellation of certificate of pending litigation [§17.14]
- 253 Cancellation of certificate of pending litigation if action discontinued [§17.15]
- 254 Cancellation of certificate of pending litigation if action dismissed [§17.16]
- 255 If action neither dismissed nor discontinued [§17.17]
- 256 Cancellation of certificate of pending litigation on other grounds [§17.18]
- 257 Power of court to order cancellation [§17.19]
- 258 Cancellation of registration [§17.20]
- 259 Discharge of mortgage [§17.21]
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Land Title Act Part 17 (ss. 260 to 280)—Transmission and Fee Simple and Charge
- Overview of Part 17 [§18.1]
-
Legislation and Commentary [§18.2]
- DIVISION 1—GENERAL
- 260 Registration of transmission before subsequent dealing [§18.3]
- 261 Conveyance under Court Order Enforcement Act or Builders Lien Act [§18.4]
- 262 Registration of land vested in crown by statute [§18.5]
- DIVISION 2—ON DEATH OF WILL-MAKER OR INTESTATE
- 263 Definitions [§18.6]
- 264 Power and title of personal representative on registration [§18.7]
- 265 Death before April 1, 1947 [§18.8]
- 266 Death after March 31, 1947 [§18.9]
- 267 Discharge of mortgage [§18.10]
- 268 When resealing may be dispensed with [§18.11]
- DIVISION 3—ON DEATH OF JOINT TENANT
- 269 Transmission re joint tenancies [§18.12]
- 270 Discharge of mortgage by surviving joint tenant [§18.13]
- DIVISION 4—ON FORECLOSURE
- 271 Presumption as to regularity of foreclosure and cancellation proceedings [§18.14]
- DIVISION 5—TAX SALES
- 272 Notice of tax sale as to each parcel sold [§18.15]
- 273 Notice of redemption of tax sale land [§18.16]
- 274 Application to other Acts [§18.17]
- 275 Registration of tax sale purchaser under Taxation (Rural Area) Act [§18.18]
- 276 Effect of registration of title derived from tax sale [§18.19]
- 277 Provincial tax sale purchaser under repealed Acts [§18.20]
- 278 Land forfeited to or vested in Crown [§18.21]
- 279 Tax sales held under Taxation (Rural Area) Act [§18.22]
- 280 Application to the government [§18.23]
- Land Title Act Part 18 (s. 281)—Notice of Certain Conditions and Obligations
-
Land Title Act Part 19 (ss. 282 to 294)—Caveats
- Overview of Part 19 [§20.1]
-
Legislation and Commentary [§20.2]
- 282 Lodging caveat [§20.3]
- 283 Right of registered owner to lodge caveat [§20.4]
- 284 Power of court to issue injunction [§20.5]
- 285 Power of registrar to lodge caveat [§20.6]
- 286 Form of caveat [§20.7]
- 287 Duty of registrar on receipt of caveat [§20.8]
- 288 Effect of caveat [§20.9]
- 289 Proceedings for discharge of caveat [§20.10]
- 290 Withdrawal of caveat [§20.11]
- 291 Further caveat lodged after caveat has lapsed, been withdrawn or discharged [§20.12]
- 292 Registration of withdrawal, lapse or discharge of caveat [§20.13]
- 293 Lapse of caveat [§20.14]
- 294 Compensation if caveat lodged wrongfully [§20.15]
-
Land Title Act Part 19.1 (ss. 294.1 to 294.9)—Land Title Survey Authority Assurance Fund
- Overview of Part 19.1 [§21.1]
-
Legislation and Commentary [§21.2]
- 294.1 Definition [§21.3]
- 294.11 Establishment and maintenance of assurance fund [§21.4]
- 294.12 Application of this Part [§21.5]
- 294.2 Remedies of person deprived of land [§21.6]
- 294.21 Protection of purchaser in good faith and for value [§21.7]
- 294.22 Fault of registrar [§21.8]
- 294.3 Notice of actions against Land Title and Survey Authority [§21.9]
- 294.4 Liability of plaintiff for costs [§21.10]
- 294.5 Judgment against person liable [§21.11]
- 294.6 Limitation of liability of fund [§21.12]
- 294.61 Recovery limited to value of land [§21.13]
- 294.7 Payment from fund without action [§21.14]
- 294.8 Payment by Land Title and Survey Authority [§21.15]
- 294.9 Withholding of payment until proceedings concluded [§21.16]
-
Land Title Act Part 20 (ss. 294.91 to 307)—Government Assurance Fund
- Overview of Part 20 [§22.1]
-
Legislation and Commentary [§22.2]
- 294.91 Definition [§22.3]
- 295 Maintenance of assurance fund [§22.4]
- 295.1 Application of this Part [§22.5]
- 296 Remedies of person deprived of land [§22.6]
- 297 Protection of purchaser in good faith and for value [§22.7]
- 298 Fault of registrar [§22.8]
- 299 Notice of actions against minister [§22.9]
- 300 Liability of plaintiff for costs [§22.10]
- 301 Actions against minister [§22.11]
- 302 Judgment against person liable [§22.12]
- 303 Limitation of liability of assurance fund [§22.13]
- 304 Recovery limited to value of land [§22.14]
- 305 Payment from assurance fund without action [§22.15]
- 306 Payment from consolidated revenue fund [§22.16]
- 307 Withholding of payment until proceedings concluded [§22.17]
-
Land Title Act Part 21 (ss. 308 to 314)—Appeals
- Overview of Part 21 [§23.1]
-
Legislation and Overview [§23.2]
- 308 Duty of registrar to notify applicant of refusal of registration [§23.3]
- 309 Appeal to court [§23.4]
- 310 Preservation of applications [§23.5]
- 311 Appeals from decision of registrar [§23.6]
- 312 Registrar to act on order of court [§23.7]
- 313 Registrations made under order of court [§23.8]
- 314 Power of registrar to state case [§23.9]
-
Land Title Act Part 22 (ss. 315 to 321)—Notices
- Overview of Part 22 [§24.1]
-
Legislation and Commentary [§24.2]
- 315 Powers of registrar regarding preparation and service of notice [§24.3]
- 316 Personal service [§24.4]
- 317 Service by mail [§24.5]
- 317.1 Service by electronic means [§24.6]
- 318 Substituted service [§24.7]
- 319 Service if person is dead [§24.8]
- 320 Effect of service [§24.9]
- 321 Rights of purchaser for value protected [§24.10]
-
Land Title Act Part 23 (ss. 322 to 365)—Special Surveys
- Overview of Part 23 [§25.1]
-
Legislation and Commentary [§25.2]
- 322 Definitions [§25.3]
- 323 Minister may order special survey [§25.4]
- 324 Apportionment of costs if land within municipality [§25.5]
- 325 Apportionment of costs if land is in a rural area [§25.6]
- 326 Power to amend order if land subsequently becomes included within municipality [§25.7]
- 327 Advancement of costs by municipality or owners [§25.8]
- 328 Transmittal of copy of order to proper officer and registrar [§25.9]
- 329 Notice of special survey [§25.10]
- 330 Surveyor to act under minister [§25.11]
- 331 Preliminary procedure [§25.12]
- 332 Supplemental order or direction of minister [§25.13]
- 333 Procedure for fixing boundary of survey area [§25.14]
- 334 Transmittal of copy of supplemental order to proper officer and registrar [§25.15]
- 335 Guiding principles for surveyor [§25.16]
- 336 Nature of survey [§25.17]
- 337 Plans [§25.18]
- 338 Appointment of substituted surveyor [§25.19]
- 339 Report of surveyor [§25.20]
- 340 Notice to registrar [§25.21]
- 341 Notice to corporate officer [§25.22]
- 342 Notice of completion of survey [§25.23]
- 343 Notice of hearing [§25.24]
- 344 Statement of complaint or claim [§25.25]
- 345 Hearing by minister or other person appointed by him [§25.26]
- 346 Subpoena [§25.27]
- 347 Method of conducting hearing [§25.28]
- 348 Power of minister to decide complaints and claims and make order [§25.29]
- 349 Principles for determining compensation [§25.30]
- 350 Approval of survey and plan by Lieutenant Governor in Council [§25.31]
- 351 Power to vest land [§25.32]
- 352 Notice of order in council approving of survey [§25.33]
- 353 Appeal [§25.34]
- 354 Entry of appeal [§25.35]
- 355 Registration [§25.36]
- 356 Method of registration [§25.37]
- 357 Effect of registration [§25.38]
- 358 Notice of registration [§25.39]
- 359 Assessment within municipalities [§25.40]
- 360 Assessment in rural area [§25.41]
- 361 Duty of surveyor to destroy conflicting monuments [§25.42]
- 362 Recovery of compensation and costs [§25.43]
- 363 Removal of special survey monuments [§25.44]
- 364 Power of Lieutenant Governor in Council to correct errors [§25.45]
- 365 Offence and penalty [§25.46]
- Land Title Act Part 23.1 (ss. 365.1 to 365.3)—Execution of Instruments by or on behalf of First Nations
-
Land Title Act Part 24 (ss. 366 to 373)—Registration of Title to Indian Lands
- Overview of Part 24 [§27.1]
-
Legislation and Commentary [§27.2]
- 366 Definitions and interpretation [§27.3]
- 367 Filing of patent [§27.4]
- 368 Application for registration of Indian land—general [§27.5]
- 369 Where application affects unregistered Indian land [§27.6]
- 370 If application affects registered Indian land [§27.7]
- 371 Other laws not to affect Torrens system [§27.8]
- 372 Execution of instruments [§27.9]
- 373 Liability limited [§27.10]
-
Appendixes [§27.11]
- Appendix 1: Land Title Act—Incompatibility Regulation, B.C. Reg. 488/88 [§27.12]
- Appendix 2: Land Title Act—shíshálh Nation Designation Regulation, B.C. Reg. 489/88 [§27.13]
- Appendix 3: Land Title Act—Torrens System Application Regulation, B.C. Reg. 490/88 [§27.14]
- Appendix 4: Order in Council No. 753/90 [§27.15]
-
Land Title Act Part 24.01 (s. 373.11)—Treaty Lands
- Overview of Part 24.01 [§28.1]
- Legislation and Commentary [§28.2]
-
Schedule 1 to the Land Title Act: Application of Act to Treaty Lands [§28.4]
- PART 1—TREATMENT OF TREATY LANDS
- 1 Definitions [§28.5]
- 2 Effect of indefeasible title to treaty lands [§28.6]
- 3 Notation respecting treaty lands [§28.7]
- 4 Assignment of distinguishing letter by registrar [§28.8]
- 5 Requirements as to subdivision in respect of treaty lands [§28.9]
- 6 Tender of plan for examination and approval [§28.10]
- 7 Matters to be considered by approving officer on application for approval [§28.11]
- 8 Matters to be considered in respect of treaty lands [§28.12]
- 9 Acceptable descriptions of land [§28.13]
- 10 Dedication by reference or explanatory plan [§28.14]
- 11 Dedication and vesting [§28.15]
- 12 [Repealed] [§28.16]
- 13 Deposit of statutory right of way plan [§28.17]
- 14 Treaty first nation law cancelling the dedication of road or public square to be filed [§28.18]
- 15 Definitions for applying Part 8 [§28.19]
- 16 Cancellation of plans [§28.20]
- 17 Air space parcels in respect of highways [§28.21]
- 18 Rights of owner of surface [§28.22]
- 19 Registration of debt owing to treaty first nation [§28.23]
- 20 Statutory right of way [§28.24]
- 21 Registration of covenant as to use and alienation [§28.25]
- 22 Registration of land vested under treaty first nation law [§28.26]
- 23 Power of registrar to lodge caveat [§28.27]
- 24 Special surveys of treaty lands [§28.28]
- PART 2—REGISTRATION OF TITLE TO TREATY LANDS
- 25 Registration on effective date—evidence of good safe holding and marketable title [§28.29]
- 25.1 Approving officer approval not required [§28.30]
- 26 Plan required with application by treaty first nation for first registration [§28.31]
- 27 Conclusive evidence of good safe holding and marketable title [§28.32]
- 28 Certificate of transfer [§28.33]
- 29 Additions to and deletions from treaty lands [§28.34]
- 30 Execution of instruments in respect of treaty lands [§28.35]
- PART 3—CANCELLING REGISTRATION OF TREATY LANDS
- 31 Cancelling registration of treaty lands [§28.36]
- PART 4—TREATY FIRST NATION FEE SIMPLE LANDS
- 32 Definition [§28.37]
- 33 Approving officer approval not required [§28.38]
- PART 5—FEE EXEMPTIONS
- 34 Exemptions from fees [§28.39]
-
Land Title Act Part 24.1 (ss. 373.2 to 373.91)—Nisga’a Lands and Categories A and B Lands
- Overview of Part 24.1 [§29.1]
-
Legislation and Commentary [§29.2]
- DIVISION 1—TREATMENT OF NISGA’A LANDS AND INSTITUTIONS
- 373.2 Effect of indefeasible title to Nisga’a Lands [§29.3]
- 373.21 Assignment of distinguishing letter by registrar [§29.4]
- 373.22 Requirements as to subdivision in respect of Nisga’a Lands [§29.5]
- 373.23 Controlled access highways [§29.6]
- 373.3 Tender of plan for examination and approval [§29.7]
- 373.31 Matters to be considered by approving officer on application for approval [§29.8]
- 373.32 Matters to be considered in respect of land within Nisga’a Lands [§29.9]
- 373.33 Acceptable descriptions of land [§29.10]
- 373.4 Dedication by reference or explanatory plan [§29.11]
- 373.41 Dedication and vesting [§29.12]
- 373.42 Designation of plans in respect of submerged lands [§29.13]
- 373.43 Amendment of deposited plan in certain cases [§29.14]
- 373.44 Deposit of statutory right of way plan [§29.15]
- 373.5 Nisga’a law to be filed if closing road or public square [§29.16]
- 373.51 Definitions for applying Part 8 [§29.17]
- 373.52 Cancellation of plans [§29.18]
- 373.53 Air space [§29.19]
- 373.6 Rights of owner of surface [§29.20]
- 373.61 Registration of debt owing to Nisga’a Nation or Nisga’a Village [§29.21]
- 373.62 Statutory right of way [§29.22]
- 373.63 Registration of covenant as to use and alienation [§29.23]
- 373.64 Registration of land vested under Nisga’a Law [§29.24]
- 373.7 Notice of tax sale or redemption of tax sale land [§29.25]
- 373.71 Effect of registration of title or leasehold interest derived from tax sale [§29.26]
- 373.72 Power of registrar to lodge caveat [§29.27]
- DIVISION 2—FIRST REGISTRATION OF TITLE TO NISGA’A LANDS
- 373.73 Plan required with application for first registration [§29.28]
- 373.8 Conclusive evidence of good safe holding and marketable title [§29.29]
- 373.81 Additions to Nisga’a Lands [§29.30]
- 373.82 Execution of instruments in respect of Nisga’a Lands [§29.31]
- DIVISION 3—REGISTRATION OF CATEGORIES A AND B LANDS
- 373.9 Requirements for first registration of Categories A & B Lands [§29.32]
- 373.91 Effect of indefeasible title to Categories A & B Lands [§29.33]
- Land Title Act Part 24.2 (s. 373.92)—Cancelling Registration of Reserve Lands Registered to Canada
-
Land Title Act Part 25 (ss. 374 to 394)—Miscellaneous
- Overview of Part 25 [§31.1]
-
Legislation and Commentary [§31.2]
- 374 Record of names [§31.3]
- 375 Record of registered land [§31.4]
- 376 Pending applications [§31.5]
- 377 Searching of records [§31.6]
- 378 Registrar to provide certificates [§31.7]
- 379 Certificate as evidence [§31.8]
- 380 Lost or destroyed instruments [§31.9]
- 381 Rights of officers of taxing authorities [§31.10]
- 382 Powers and duties of registrar [§31.11]
- 383 Registrar to cancel or correct instruments, etc. [§31.12]
- 383.1 Public Agency Accommodation Act amendments [§31.13]
- 383.2 Homeowner Protection Act amendments [§31.14]
- 384 Preservation of registry records and plans [§31.15]
- 384.1 Records of Land Title and Survey Authority [§31.16]
- 385 Power to make regulations [§31.17]
- 386 Fees [§31.18]
- 386.1 Fees specified in Schedule 2 [§31.19]
- 386.2 Fees payable despite other enactments [§31.20]
- 387 Offence of fraud [§31.21]
- 388 Offence of false misrepresentation [§31.22]
- 389 Application of Offence Act [§31.23]
- 390 Penalties [§31.24]
- 391 Conviction not to affect liability [§31.25]
- 392 Contaminated land [§31.26]
- 393 Transitional [§31.27]
- 394 Transitional removal of notations made under the Forest Land Reserve Act [§31.28]
-
Land Title Fees
- Overview of Fees [§32.1]
-
Land Title and Survey Authority Fees [§32.2]
- Statutory Services under the Land Title Act [§32.3]
- Statutory Services under the Land Act [§32.4]
- Statutory Services under the Mineral Tenure Act [§32.5]
- Statutory Services under the Energy Resource Activities General Regulation [§32.6]
- Statutory Services Under the Land Owner Transparency Act [§32.7]
- Delegated Powers [§32.8]
- Administrative Services [§32.9]
- Detailed Listing of Fees for Common Land Title Transactions [§32.10]
-
Land Title Act—Regulations and Director’s Directions
- Overview of Regulations and Director’s Directions [§33.1]
-
Legislation and Commentary [§33.2]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- 1 Definition [§33.4]
- PART 1—FEES
- 2 Prescribed fee—application for exemption under section 108 of the Act [§33.5]
- 3 Original Documents/Instruments [§33.6]
- 5 Land in more than one land title district [§33.7]
- PART 2—GENERAL REGULATIONS
- DIVISION 1—HIGHWAY ACCESS ALTERNATIVES
- 8 Relief from access requirements—general [§33.8]
- 9 If there is no connection with a highway [§33.9]
- 10 Access by air or water [§33.10]
- 11 Where one of the lots is contiguous with a highway [§33.11]
- 12 Access via shared interest in common lot [§33.12]
- 13 Amendments to section 158 of the Act [§33.13]
- 15 Access by a forest service road [§33.14]
- DIVISION 2—PRACTICE UNDER OTHER ACTS
- 16 Hospital Act [§33.15]
- 17 Cremation, Interment and Funeral Services Act [§33.16]
- 18 Human Resource Facility Act [§33.17]
- 19 to 21 [Repealed] [§33.18]
- 22 Zoning regulations under the Aeronautics Act (Canada) [§33.19]
- 23 Estate Tax Act (Canada) [§33.20]
- 24 Right of way under the Land Act [§33.21]
- DIVISION 3—MISCELLANEOUS
- 25 Cancellation of certificate of pending litigation (alternative to s. 254) [§33.22]
- 25.1 Registration of certificate of pending litigation [§33.23]
- 26 Exemptions from the name records [§33.24]
- 27 Time limit for approval in certain cases [§33.25]
- PART 3—FORMS AND BOUNDARIES
- 28 Forms [§33.26]
- 29 Court Order Enforcement Act [§33.27]
- 30 Certain forms not compulsory [§33.28]
- 32 Boundaries [§33.29]
- 33 Storage of records [§33.30]
- Schedule A [§33.31]
- Schedule B [§33.32]
- Schedule C [§33.33]
- Application for Subdivision Approval Regulation, B.C. Reg. 8/89 [§33.34]
-
Land Title (Transfer Forms) Regulation B.C. Reg. 53/90 [Repealed and Replaced] [§33.38]
- 1 Interpretation [§33.39]
- 2 Prescribed forms [§33.40]
- 3 Completion of transfer form [§33.41]
- 4 Format [§33.42]
- 5 Use of seal [§33.43]
- 6 Abbreviations [§33.44]
- 7 Prescribed mortgage terms [§33.45]
- 8 Filed mortgage terms and filed charge terms [§33.46]
- 9 Excluded instruments [§33.47]
- 10 Other forms [§33.48]
- 11 English language [§33.49]
- Schedule A—Forms [§33.50]
- Schedule B—Prescribed Standard Mortgage Terms [§33.51]
-
Land Title Act (Board of Directors) Regulation, B.C. Reg. 332/2010 [§33.52]
- 1 Definition [§33.53]
- 2 Amendments to section 158 of the Act [§33.54]
- 3 Land title district boundaries [§33.55]
- 4 Prescribed mortgage terms [§33.56]
- 5 Excluded instruments [§33.57]
- SCHEDULE A
- LAND TITLE DISTRICT BOUNDARIES
- Kamloops Land Title District [§33.58]
- Nelson Land Title District [§33.59]
- New Westminster Land Title District [§33.60]
- Prince George Land Title District [§33.61]
- Prince Rupert Land Title District [§33.62]
- Vancouver Land Title District [§33.63]
- Victoria Land Title District [§33.64]
- SCHEDULE B
- PRESCRIBED STANDARD MORTGAGE TERMS
- MORTGAGE TERMS PART 2
- 1 Interpretation [§33.65]
- 2 What this mortgage does [§33.66]
- 3 Interest [§33.67]
- 4 Payment on the mortgage money [§33.68]
- 5 Promises of the borrower [§33.69]
- 6 Agreements between the borrower and the lender [§33.70]
- 7 Defaults [§33.71]
- 8 Consequences of a default [§33.72]
- 9 Construction of buildings or improvements [§33.73]
- 10 Leasehold mortgage [§33.74]
- 11 Receiver [§33.75]
- 12 Strata lot provisions [§33.76]
- 13 Subdivision [§33.77]
- 14 Current and running account [§33.78]
- 15 Covenantor’s promises and agreements [§33.79]
- 16 General [§33.80]
-
Land Title Act Regulation, B.C. Reg. 334/79 [§33.3]
- Land Title Forms
- 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 the registrar’s 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; 2023-10-456.
CROSS REFERENCES AND OTHER SOURCES OF INFORMATION
See Di Castri, Registration of Title to Land, vol. 1, §4:33 and §6:8.
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)).