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          View Complete Statute

          This Act is current to November 18, 2020
          See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

          Land Title Act

          [RSBC 1996] CHAPTER 250

          Contents
          Part 1 — Definitions, Interpretation and Application
          1Definitions
          2References
          3Application to Strata Property Act
          Part 2 — Land Title Offices and Officers
          4Land title districts
          5Power to constitute and change districts
          6Land title office
          7Continuation of existing offices and records
          8Duty of registrar to provide records affecting land in new district
          9Director of Land Titles
          10Registrar and staff
          11Deputy registrar and assistant deputy registrar
          12Evidence of authority of officials to act in certain cases
          13Qualifications for appointment to office
          14Prohibition of officers and staff acting in conflict with duties
          15Official seal
          16Office hours
          17Repealed
          18Protection of director and registrar from personal liability
          19Exemption of registrar from attendance as witness in court
          Part 3 — Registration and Its Effect
          20Unregistered instrument does not pass estate
          21Unregistered instruments executed and taking effect before July 1, 1905
          22Operation of instrument as from time of registration
          23Effect of indefeasible title
          24Title by prescription abolished
          25Protection of registered owner against actions for recovery of land
          25.1Void instruments — interest acquired or not acquired
          26Registration of a charge
          27Notice given by registration of charge
          28Priority of charges based on priority of registration
          29Effect of notice of unregistered interest
          30Notice of unregistered interest as affecting registered owner of charge
          31Priority of caveat or certificate of pending litigation
          32Validity of registered voluntary conveyance
          33Equitable mortgage or lien not registrable
          34Registration of indefeasible title by court order
          35Admissibility of instruments
          36Completion of registration
          37Registration effective from time of application
          38Registrar to create official record of instruments and documents
          Part 4 — Forms of Instruments
          39Registrable instruments
          40Order in Council transferring government rights in highway
          Part 5 — Attestation and Proof of Execution of Instruments
          41Definitions
          42Witnessing and execution
          43Witnessing — individuals
          44Witnessing — corporations
          45Witnessing — individual power of attorney
          46Witnessing — corporate power of attorney
          47Witnessing — persons not fluent in English
          47.1Repealed
          48Execution under seal
          49If instrument not witnessed
          50Defects
          Part 6 — Powers of Attorney
          51Deposit of power of attorney on registration of instrument
          52Attorney's powers extend to after acquired land
          53Index of powers of attorney
          54Effect of execution of second power of attorney
          55Power of personal representative or trustee
          56Power of attorney valid for 3 years only
          57Revocation of power of attorney
          Part 7 — Descriptions and Plans
          Division 1 — General
          58Description of land
          59Public official plan
          60Description in Crown grant
          61Registration of title to Esquimalt and Nanaimo Railway Company land
          62Subsequent descriptions of land
          63Description by parcels shown on subdivision plan
          64Substitution for metes and bounds or abbreviated description
          65Assignment of distinguishing letter to remainder
          66Assignment of distinguishing letter by registrar
          67Requirements as to subdivision and reference plans
          68Posting plan
          69Block outline survey
          70Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant
          71Composite plans
          72When composite plan not to be deposited
          Division 2 — Subdivision of Land
          73Restrictions on subdivision
          73.1Lease of part of a parcel of land enforceable
          74Method of defining new parcel
          75Requirements for subdivisions
          76Relief from requirements established by section 75
          Division 3 — Appointment, Powers and Duties of Approving Officers
          77Appointment of municipal approving officers
          77.1Appointment of regional district and islands trust approving officers
          77.2Provincial approving officers
          77.21Appointment of treaty first nation approving officers
          77.3Nisg?a'a approving officer
          78Certain designations prohibited on subdivision plans
          79Repealed
          80Controlled access highways
          81Land in improvement districts
          82Repealed
          Division 4 — Approval of Subdivision Plans
          83Tender of plan for examination and approval
          83.1Referral to designated highways official
          84Plan tendered later than 3 months after survey
          85Time limit for approval and consideration of public interest
          85.1Environmental Management Act requirements must be met
          86Matters to be considered by approving officer on application for approval
          87Local government matters to be considered by approving officer
          88Approval of plan
          89Appeal to Supreme Court
          90Power of Lieutenant Governor in Council to prohibit deposit of plan
          Division 5 — Deposit of Subdivision Plans
          91Approval of subdivision plan required
          92Application for deposit
          93Title to land in plan required to be registered
          94Endorsement of certificate
          95Accreted land within plan
          96Water boundary deemed to be natural boundary
          97Signatures of owners to plan
          98New indefeasible titles for parcels shown on deposited plan
          Division 6 — Other Methods of Defining New Parcels
          99Registrar to determine whether description of land acceptable
          100Re-establishment of boundaries
          101Principles guiding approving officer
          102Dedication by reference or explanatory plan
          103Execution of plan by owner
          104Serial deposit number
          Division 7 — Conflicting Measurements
          105Power of registrar if measurements on plans conflict
          106Power of registrar to correct errors, defects or omissions
          Division 8 — Vesting of Title by Deposit of Plan
          107Dedication and vesting
          108If designation on plan "Returned to Crown in right of the Province"
          109Extinguishment of highway not shown on plan
          Division 9
          110Repealed
          Division 10 — Penalties If Plan Not Deposited
          111Rights of purchaser when plan not deposited
          112Penalty for failure to deposit plan of subdivision
          Division 11 — Statutory Right of Way Plans
          113Deposit
          114Statutory right of way plan may be used in application to register fee simple
          115Deposit of statutory right of way plan
          116Requirements of statutory right of way plans
          117Widening of statutory right of way
          118When water boundary deemed natural boundary
          119Alteration in deposited statutory right of way plan
          Division 12 — Plans and Descriptions to Accompany Bylaws
          120Municipal bylaw cancelling highway or public square dedication
          Part 8 — Cancellation of Plans
          121Definitions and interpretation
          122Cancellation of plans by application to the registrar
          123Petition to cancel plan
          124Report of approving officer and district highways manager
          125Service of petition and other documents
          126Publication and posting
          127Notice of intention to appear
          128Place of hearing
          129Powers of registrar in relation to the hearing
          130Duties of registrar on hearing the petition
          131Powers of the registrar to cancel or alter a plan
          132Opposition by local authority
          133Opposition by minister
          134Preparation and registration of order
          135Registrar may vest an estate in fee simple
          136Cancellation by minister of plan comprising Crown land
          137Cancellation of interior lines
          Part 9 — Air Space Titles
          138Definitions
          139Air space is land
          140Covenant to grant easements or to convey restrictive covenants not implied
          141Subdivision of land into air space parcels
          142Air space parcels in respect of highways
          143Air space plan
          144Air space plan
          145Taxation
          146Application
          Part 10 — Applications for Registration and Evidence in Support
          147Application required
          148Form and manner of applying
          149Address of applicant
          150Particulars as to witness and parties to instrument
          151Repealed
          152Description of foreign government
          153Time of application
          154Application for registration of fee simple
          155Application for registration of charge
          156Application must be for all lands or charges comprised in instrument
          157Forms
          158Restrictions as to scope of application
          159Registrar may require deposit of instruments
          160Summons to produce instruments
          161Application to court to compel production or deposit of instruments
          162Powers of court on hearing
          163Notice of intention to register
          164Registration after notice
          165Corporate powers assumed
          166Disposal of instruments deposited
          167Withdrawal of application
          168Summary rejection of defective application
          Part 10.1 — Electronic Filing
          Division 1 — Definitions and Application
          168.1Definitions
          168.11Application of other provisions of Act
          Division 1.1
          168.111Repealed
          Division 2 — Electronic Filing
          168.12Repealed
          168.2Electronic filing
          168.21Effect of electronic filing
          168.22Directions on electronic filing
          Division 2.1
          168.712-
          168.77
          Repealed
          Division 3 — Special Rules for Certain Documents
          168.3Plans — preparation by land surveyor
          168.31Plans — signature of other persons
          168.32Charges — cancellation by corporate registered owner
          168.33Supporting documents
          168.71Repealed
          168.78Not enacted
          168.79-
          168.82
          Repealed
          Division 4 — Certification by Designate
          168.4Designates
          168.41Documents executed or witnessed
          168.42Plans
          168.43Supporting documents
          168.9Repealed
          168.91Repealed
          Division 5 — General
          168.5Original document
          168.51Copies of electronic documents
          168.52Admissibility of execution copies
          168.53Delivery in registrable form
          168.54Deeds
          168.55Corrective declarations
          168.56Amendments to electronic plans
          168.57Production of evidence
          168.58Disposal of electronic documents
          Division 6 — Certification of Subscribers
          168.6Definitions
          168.61Certification authority
          168.62Certification practice statement
          168.63Warranties of certification authorities
          168.64Immunity
          Division 7 — Offences
          168.7Offences
          Part 11 — Registration of Title in Fee Simple
          Division 1 — First Registration
          169Registration of title
          170Requirements as to production of title deeds
          171Adverse possession
          172First estate of inheritance necessary to registration of fee simple
          173Several persons interested in registration
          174Application to convert absolute fee into indefeasible title
          Division 2 — The Register and Duplicate Indefeasible Titles
          175Register and records
          176Duplicate indefeasible title
          177Registration of joint tenants
          Division 3 — General
          178Limitation on number of parcels
          179Rights of owner of surface
          180Recognition of trust estates
          181Interest or right reserved to transferor
          182Registration of restrictive covenants and easements
          183Entries carried forward from original entry
          184Registration of grantor a condition precedent
          Part 12 — Transfers
          185Form of transfer
          186Implied covenants
          187Registration of transferee
          188Registration by amendment to register
          189Dealings with duplicate indefeasible title on transfer
          190Destruction of duplicate indefeasible title
          Part 13 — Dealings With Indefeasible Title Other Than by Registration
          191Registration of new indefeasible title and change of name
          192Registration of several indefeasible titles instead of original
          193Lost indefeasible certificate of title
          194Effect given to new or provisional indefeasible title
          195Surrender of duplicate indefeasible title on registration of charge
          196Provisional title may issue to minerals
          Part 14 — Registration of Title to Charges
          Division 1 — General
          197Registration of charges
          198Registration of person creating charge
          199Registration of subcharges
          200No subright to purchase registrable
          201Registration of assignment of charge
          202Repealed
          203Floating charges on land
          204Registration of debt to the government as a charge
          205Writ of affecting land
          206Registration of transfer, extension or modification of charges
          207Form of postponement
          208Certificates of charge
          209Transfer of mortgage
          Division 2 — Judgments
          210Registration of judgments in same manner as charge
          211Registration of assignment of judgment and form of assignment
          212Notice to judgment creditor of intention to register
          213Costs on failure to establish priority
          214Form of release
          Division 3 — Certificate of Pending Litigation
          215Registration of certificate of pending litigation in same manner as charge
          216Effect of registered certificate of pending litigation
          217Effect of certificate of pending litigation if prior application is pending
          Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements
          218Statutory right of way
          219Registration of covenant as to use and alienation
          220Statutory building scheme and letting scheme
          221Requirements of registrable restrictive covenant
          222Discriminating covenants are void
          223Subdivision of dominant tenement
          Division 4.1 — Party Wall Agreements
          223.1Definitions
          223.2Binding effect
          Division 5 — Mortgages
          224Definition
          225Form of mortgage
          226Modification of standard terms
          227Prescribed standard mortgage terms
          228Filed standard mortgage terms
          229Receipt of standard mortgage terms by mortgagor
          230Registrar may require filing
          231Effect of a mortgage
          Division 6 — General Instruments
          232Definitions and application
          233Form of general instrument
          234Modification of standard terms of general instrument
          235Filed standard general instrument terms
          236Effect of a general instrument
          237Release of registered charge
          Part 15 — Instruments
          238Registration of instruments
          239Floating charges on land
          240Suspension and alteration
          Part 16 — Cancellation of Charges
          241Cancellation of registration of charge
          242Application to cancel mortgage created by vendor
          243Redemption of mortgage if mortgagee absent
          244Mortgagee's refusal or neglect to give discharge
          245Vesting order in favour of purchaser
          246Cancellation if charge determined by effluxion of time
          247Cancellation of lease on breach of covenant
          248Effect of cancellation
          249Power of court to order cancellation of charge
          250Cancellation of charge on payment into court
          251Application to court
          252Cancellation of certificate of pending litigation
          253Cancellation of certificate of pending litigation if action discontinued
          254Cancellation of certificate of pending litigation if action dismissed
          255If action neither dismissed nor discontinued
          256Cancellation of certificate of pending litigation on other grounds
          257Power of court to order cancellation
          258Cancellation of registration
          259Discharge of mortgage
          Part 17 — Transmission of Fee Simple and Charge
          Division 1 — General
          260Registration of transmission before subsequent dealing
          261Conveyance under Court Order Enforcement Act or Builders Lien Act
          262Registration of land vested in Crown by statute
          Division 2 — On Death of Will-Maker or Intestate
          263Definitions
          264Power and title of personal representative on registration
          265Death before April 1, 1947
          266Death after March 31, 1947
          267Discharge of mortgage
          268When resealing may be dispensed with
          Division 3 — On Death of Joint Tenant
          269Transmission re joint tenancies
          270Discharge of mortgage by surviving joint tenant
          Division 4 — On Foreclosure
          271Presumption as to regularity of foreclosure and cancellation proceedings
          Division 5 — Tax Sales
          272Notice of tax sale as to each parcel sold
          273Notice of redemption of tax sale land
          274Application to other Acts
          275Registration of tax sale purchaser under Taxation (Rural Area) Act
          276Effect of registration of title derived from tax sale
          277Provincial tax sale purchaser under repealed Acts
          278Land forfeited to or vested in Crown
          279Tax sales held under Taxation (Rural Area) Act
          280Application to the government
          Part 18 — Notice of Certain Conditions and Obligations
          281Forest Act
          Part 19 — Caveats
          282Lodging caveat
          283Right of registered owner to lodge caveat
          284Power of court to issue injunction
          285Power of registrar to lodge caveat
          286Form of caveat
          287Duty of registrar on receipt of caveat
          288Effect of caveat
          289Proceedings for discharge of caveat
          290Withdrawal of caveat
          291Further caveat lodged after caveat has lapsed, been withdrawn or discharged
          292Registration of withdrawal, lapse or discharge of caveat
          293Lapse of caveat
          294Compensation if caveat lodged wrongfully
          Part 19.1 — Land Title and Survey Authority Assurance Fund
          294.1Definition
          294.11Establishment and maintenance of assurance fund
          294.12Application of this Part
          294.2Remedies of person deprived of land
          294.21Protection of purchaser in good faith and for value
          294.22Fault of registrar
          294.3Notice of actions against Land Title and Survey Authority
          294.4Liability of plaintiff for costs
          294.5Judgment against person liable
          294.6Limitation of liability of fund
          294.61Recovery limited to value of land
          294.7Payment from fund without action
          294.8Payment by Land Title and Survey Authority
          294.9Withholding of payment until proceedings concluded
          Part 20 — Government Assurance Fund
          294.91Definition
          295Maintenance of assurance fund
          295.1Application of this Part
          296Remedies of person deprived of land
          297Protection of purchaser in good faith and for value
          298Fault of registrar
          299Notice of actions against minister
          300Liability of plaintiff for costs
          301Actions against minister
          302Judgment against person liable
          303Limitation of liability of assurance fund
          304Recovery limited to value of land
          305Payment from assurance fund without action
          306Payment from consolidated revenue fund
          307Withholding of payment until proceedings concluded
          Part 21 — Appeals
          308Duty of registrar to notify applicant of refusal of registration
          309Appeal to court
          310Preservation of applications
          311Appeals from decision of registrar
          312Registrar to act on order of court
          313Registrations made under order of court
          314Power of registrar to state case
          Part 22 — Notices
          315Powers of registrar regarding preparation and service of notice
          316Personal service
          317Service by mail
          317.1Service by electronic means
          318Substituted service
          319Service if person is dead
          320Effect of service
          321Rights of purchaser for value protected
          Part 23 — Special Surveys
          322Definitions
          323Minister may order special survey
          324Apportionment of costs if land within municipality
          325Apportionment of costs if land is in a rural area
          326Power to amend order if land subsequently becomes included within municipality
          327Advancement of costs by municipality or owners
          328Transmittal of copy of order to proper officer and registrar
          329Notice of special survey
          330Surveyor to act under minister
          331Preliminary procedure
          332Supplemental order or direction of minister
          333Procedure for fixing boundary of survey area
          334Transmittal of copy of supplemental order to proper officer and registrar
          335Guiding principles for surveyor
          336Nature of survey
          337Plans
          338Appointment of substituted surveyor
          339Report of surveyor
          340Notice to registrar
          341Notice to corporate officer
          342Notice of completion of survey
          343Notice of hearing
          344Statement of complaint or claim
          345Hearing by minister or other person appointed by him
          346Subpoena
          347Method of conducting hearing
          348Power of minister to decide complaints and claims and make order
          349Principles for determining compensation
          350Approval of survey and plan by Lieutenant Governor in Council
          351Power to vest land
          352Notice of order in council approving of survey
          353Appeal
          354Entry of appeal
          355Registration
          356Method of registration
          357Effect of registration
          358Notice of registration
          359Assessment within municipalities
          360Assessment in rural area
          361Duty of surveyor to destroy conflicting monuments
          362Recovery of compensation and costs
          363Removal of special survey monuments
          364Power of Lieutenant Governor in Council to correct errors
          365Offence and penalty
          Part 24 — Registration of Title to Indian Lands
          366Definitions and interpretation
          367Filing of patent
          368Application for registration of Indian land — general
          369Where application affects unregistered Indian land
          370If application affects registered Indian land
          371Other laws not to affect Torrens system
          372Execution of instruments
          373Liability limited
          373.1Not in force. Repealed.
          Part 24.01 — Treaty Lands
          373.11Application of Act to treaty lands
          Part 24.1 — Nisg?a'a Lands and Categories A and B Lands
          Division 1 — Treatment of Nisg?a'a Lands and Institutions
          373.2Effect of indefeasible title to Nisg?a'a Lands
          373.21Assignment of distinguishing letter by registrar
          373.22Requirements as to subdivision in respect of Nisg?a'a Lands
          373.23Controlled access highways
          373.3Tender of plan for examination and approval
          373.31Matters to be considered by approving officer on application for approval
          373.32Matters to be considered in respect of land within Nisg?a'a Lands
          373.33Acceptable descriptions of land
          373.4Dedication by reference or explanatory plan
          373.41Dedication and vesting
          373.42Designation of plans in respect of submerged lands
          373.43Repealed
          373.44Deposit of statutory right of way plan
          373.5Nisg?a'a law to be filed if closing road or public square
          373.51Definitions for applying Part 8
          373.52Cancellation of plans
          373.53Air space
          373.6Rights of owner of surface
          373.61Registration of debt owing to Nisg?a'a Nation or Nisg?a'a Village
          373.62Statutory right of way
          373.63Registration of covenant as to use and alienation
          373.64Registration of land vested under Nisg?a'a law
          373.7Notice of tax sale or redemption of tax sale land
          373.71Effect of registration of title derived from tax sale
          373.72Power of registrar to lodge caveat
          Division 2 — First Registration of Title to Nisg?a'a Lands
          373.73Plan required with application for first registration
          373.8Conclusive evidence of good safe holding and marketable title
          373.81Additions to Nisg?a'a Lands
          373.82Execution of instruments in respect of Nisg?a'a Lands
          Division 3 — Registration of Categories A and B Lands
          373.9Requirements for first registration of Categories A & B Lands
          373.91Effect of indefeasible title to Categories A & B Lands
          Part 24.2 — Cancelling Registration of Reserve Lands Registered to Canada
          373.92Cancelling registration of reserve lands registered to Canada
          Part 25 — Miscellaneous
          374Record of names
          375Record of registered land
          376Pending applications
          377Searching of records
          378Registrar to provide certificates
          379Certificate as evidence
          380Lost or destroyed instruments
          381Rights of officers of taxing authorities
          382Powers and duties of registrar
          383Registrar to cancel or correct instruments, etc.
          383.1Public Agency Accommodation Act amendments
          383.2Homeowner Protection Act amendments
          384Preservation of registry records and plans
          384.1Records of Land Title and Survey Authority
          385Power to make regulations
          386Fees
          386.1Fees specified in Schedule 2
          386.2Fees payable despite other enactments
          387Offence of fraud
          388Offence of false representation
          389Application of Offence Act
          390Penalties
          391Conviction not to affect liability
          392Contaminated land
          393Transitional
          394Transitional — removal of notations made under the Forest Land Reserve Act
          Schedule 1
          Schedule 2
          国产极品美女到高潮升天
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