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Overview Of The Escheat Act

In This Volume

The Act deals with the escheat of property, or an interest in it, to the Crown.

GENERAL EFFECT ON LAND TITLE PRACTICE

Part 1 of the Act establishes procedures for the escheat of land where an owner dies intestate and without lawful heirs or where a corporation that owns land is dissolved. Under this Part, the Attorney General may take possession of escheated land, cause title to the land to be registered in the name of the Crown, or grant title to escheated land to parties having a legal or moral claim against the person to whom the land belonged before it escheated to the Crown. The Crown may also sell escheated land. In these cases, a party with a legal or moral claim against the person to whom the land belonged may be given preference in the sale.

Part 2 of the Act deals with water systems property which has escheated to or vested in the government following the dissolution of the corporation that owned the water system property. The Attorney General may register and enforce a lien against serviced property if the owner fails to pay for water services provided to the serviced land.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 23(2)(f) of the Land Title Act, R.S.B.C. 1996, c. 250, which provides that every indefeasible title is subject to “a right of expropriation or to an escheat under an Act”.