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  • 95 (1) If a subdivision or reference plan is tendered for deposit, and endorsed on it is a certificate of the Surveyor General certifying that all or part of land intended to be dealt with by the plan is lawfully accreted land adjoining Crown land, the certificate is deemed to be proof satisfactory to the registrar that
  • (a) the registered owner, purporting to include in the plan the accreted land, has established to it a good safe holding and marketable title in fee simple, and
  • (b) the subdivider’s indefeasible title to the land included in the boundaries of the plan and affected by the accretion is the registered title to the accreted land.
  • (2) If the indefeasible title is endorsed with a registered charge, the charge is extended to include the accreted land.

1979-219-95; 1982-60-19, proclaimed effective August 1, 1983; 2003-66-41; 2004-66-82, effective January 20, 2005 (B.C. Reg. 16/2005).


Surveyor General’s Certificate

See the practice discussion on accretion under s. 94 of the Act.

Charge Extends to Accreted Land

When there is a charge on property, the charge is extended automatically over the accreted land without further application or instrument. A charge over only part of a lot, such as an easement or statutory right of way, will automatically extend so long as it touches or affects the accreted land


For a discussion of accretion, see Di Castri, Registration of Title to Land, vol. 1, chap. 7, particularly paras. 200, 204, and 206.