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In This Volume

  • 99 (1) A spouse who is a party to a property agreement may sign and file a notice of agreement in the land title office of the land title district in which described land is located.
  • (2) On filing a notice of agreement and on paying the prescribed fee and any fees payable under the Land Title Act, the registrar may register the notice of agreement, in the same manner as a charge is registered, against the described land.
  • (3) If a notice of agreement is registered, the registrar must not allow registration of a transfer, a mortgage, an agreement for sale or a conveyance of the fee simple in the land, or a lease of the land, unless each spouse who is a party to the agreement signs and files in the land title office a cancellation or postponement notice.
  • (4) If a cancellation or postponement notice is filed or an order is made under section 101, the registrar must cancel or postpone the registration of the notice of agreement in the same manner as the registration of a charge is cancelled or postponed.
  • (5) A notice of agreement or cancellation or postponement notice under this section must be made in the form and manner approved, and contain the information required, by the Director of Land Titles.

2011-25-99, effective March 18, 2013 (B.C. Reg. 131/2012).

FORMS

Family Law Act

Notice of Property Agreement, Form 41

The director has approved the use of Form 41, Notice of Property Agreement—Family Law Act. The use of this form is compulsory.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notice of Property Agreement (Family Law Act), and attach an image of the Form 41 agreement.

FORM OF ENDORSEMENT

See chapter 68 (Legal Notations and Charges) in volume 3 of this Manual for the form of endorsement for a notice of property agreement under s. 99 of the Family Law Act.

Prescribed Fees

Section 26 of the Family Law Act Regulation, B.C. Reg. 347/2012, prescribes a fee of $5.00 for the purposes of s. 99(2) of the Act. In addition, the application to file Form 41 must be accompanied by the fees required under the Land Title Act. See the Schedule of Land Title Act Fees in volume 1 at chapter 31 (Land Title Act—Fees) of this Manual.

Cancellation

Submissions

On the Form C Release, select Nature of Interest, Notice of Property Agreement (Family Law Act). Each spouse must execute the Form C Release pursuant to s. 99(3).

Notice of Postponement

Submissions

On the Form C Charge, select Nature of Interest, Priority Agreement, and attach Part 2, Terms of Instrument. Each spouse must execute the Form C Charge pursuant to s. 99(3).

Family Relations Act Applies

Proceedings to enforce, set aside, or replace an agreement respecting property division made before the coming into force of the Family Law Act (March 18, 2013) or proceedings respecting property division started under the Family Relations Act must be started or continued, as applicable, under the Family Relations Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

It is questionable whether the filing of a notice under s. 99 of the Act creates an interest in land against which a judgment creditor can register a judgment. However, if a judgment creditor asserts that the notice amounts to a beneficial interest under s. 86(3) of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78 and supports that assertion with affidavit evidence, the registrar may decide the issue on the facts disclosed in the affidavit.