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In This Volume

  • 96 (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 2003-66-4;1; 2004-66-82, effective January 20, 2005 (B.C. Reg. 16/2005).


Surveyor General’s Certificate

See the practice discussion on natural boundary adjustment under s. 94 of the Act.

Charge Extends to Additional Land

See the practice discussion under s. 95 of the Act.


See Di Castri, Registration of Title to Land, vol. 1, paras. 200, 204, and 206.


For a dispute over a local government’s issuance of development permits where the decision turned in part on the historical occurrence of an avulsion, see the annotation describing Fipke v. Kelowna (City), 2023 BCCA 26 under “490 Development permits: general authority” in chapter 51.