Overview Of Part 19.1

This Part deals with the assurance fund established and maintained by the Land Title and Survey Authority. It allows a person to recover damages from the fund where:

1. that person has been deprived of land in certain circumstances by reason of the conclusiveness of the register if that person would have been entitled to recover the land from the present owner if not for the Act; or
2. that person has sustained a loss or damage caused solely as a result of an omission, mistake, or misfeasance of the registrar, or persons acting under the direction of the registrar, in the execution of their respective duties under the Act.

The Part also deals with limitations on the rights of a person to recover damages from the fund and with various requirements and consequences relating to proceedings commenced under the Part.

Part 19.1 does not apply with respect to transactions that took place before January 20, 2005. See s. 294.12.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Crown Proceeding Act

The Crown Proceeding Act does not apply to assurance fund proceedings under land title legislation. See s. 3 of that Act.

Government Assurance Fund

See Part 20 of this Act with respect to the government assurance fund and transactions that took place before January 20, 2005.

Secondary Sources

See generally Di Castri, Registration of Title to Land, vol. 3, chap. 22, “Compensation”. See also Robinson, “The Assurance Fund in British Columbia” (1952), 30 Canadian Bar Review 445.