Overview Of Part 20

This Part deals with the government assurance fund and the rights of 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 damages caused solely as a result of an omission, mistake, or misfeasance of the registrar, or a person acting under the registrar’s direction, 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 20 applies only with respect to transactions that took place before January 20, 2005. See s. 295.1.

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.

Land Title and Survey Authority Assurance Fund

See Part 19.1 of this Act with respect to the Land Title and Survey Authority Assurance Fund and its application to transactions that take place on or after January 20, 2005.

Secondary Sources

See generally Di Castri, Registration of Title to Land, vol. 2, chap. 22, “Compensation”. See also Robinson, “The Assurance Fund in British Columbia” (1952) 30 Canadian Bar Review 445.