Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to November 1, 2017
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

Part 10 — Applications for Registration and Evidence in Support

Application required

147  (1) An instrument or other document tendered for registration, filing, lodging or deposit must not be received by the registrar unless it is the original instrument or document and is accompanied by an appropriate application.

(2) The registrar may dispense with compliance with subsection (1) if

(a) no form of application is approved by the director, and

(b) in the registrar's opinion hardship might otherwise ensue.

(3) An instrument itself constitutes a sufficient form of application if

(a) the instrument is in the form approved by the director, and

(b) the registrar considers that no further information or act of the applicant is necessary for the registrar to receive an application in respect of the instrument.

Form and manner of applying

148  (1) An application under this Act must be in writing and be in or include one of the forms approved by the director or, if no appropriate form is approved, in a form satisfactory to the registrar.

(2) An application may be made by the applicant in person, or on the applicant's behalf by the applicant's

(a) solicitor, or

(b) agent who has reached 19 years of age.

(3) A solicitor or agent who has made an application may, under this Act, do all other acts and things that lie within the scope of the authority given to the solicitor or agent.

(4) A statement in an application of a solicitor or agent that he or she is the solicitor or agent of the person on whose behalf an application is made is, in the absence of evidence to the contrary, proof that he or she is solicitor or agent of the person on whose behalf the application is made.

Address of applicant

149  (1) An applicant must

(a) include in the instrument or other document tendered for registration, filing, lodging or deposit, or

(b) deliver to the registrar a memorandum in writing containing

an address to which it will be sufficient to mail any notices that, under this Act, is required to be served on or allowed to be posted to the applicant.

(2) The applicant may from time to time, by a notice in the form approved by the director or by other writing, file with the registrar a change of address.

(3) On receiving the notice or other writing duly completed, the registrar must note the change in the register.

Particulars as to witness and parties to instrument

150  (1) The registrar may require that the given names, surname, address and occupation of the witness and of all parties to an instrument produced for registration be provided by evidence to the satisfaction of the registrar.

(2) If a party is a corporation, the registrar may require that its incorporation number be stated after the name of the corporation.

Repealed

151  [Repealed 1998-42-24.]

Description of foreign government

152  In an instrument tendered for registration to which a government of a foreign country, province or state is a party, the party must be described in a manner satisfactory to the registrar.

Time of application

153  (1) The registrar must record on each application received by the registrar

(a) the date and time of its receipt, and

(b) the serial number assigned to the instrument or other document.

(2) For the purposes of priority among purchasers, transferees, mortgagees and others, and for all purposes of this Act, the date and time recorded under subsection (1) (a) is the date and time when the application was received by the registrar and a true copy of that record must be received in all courts as conclusive proof of the date and time the application was received by the registrar.

Application for registration of fee simple

154  A person claiming to be registered as owner in fee simple of land must apply to the registrar for registration in the form approved by the director.

Application for registration of charge

155  (1) If the title to an estate in fee simple has been registered or registration has been applied for, a person not entitled to be registered in fee simple, claiming to be registered as owner of a charge on the land, whether the charge is in respect of a present and vested right or a future or contingent interest, must apply in the form approved by the director to the registrar for registration of the charge, and if registration of the fee simple has been applied for by an application that is pending, the application for registration of a charge must await the result of the application for registration of the fee simple.

(2) If, before June 1, 1921, an estate less than the fee simple has been granted by the Crown and a charge has been registered in respect of it, a person claiming under a subsequent dealing with the charge may apply for registration in the form approved by the director and adapted to suit the circumstances.

(3) If a registered charge

(a) is transferred either absolutely or conditionally, or

(b) by agreement between the parties,

(i) is modified or extended, or

(ii) is postponed to another charge,

the transferee or a party to the agreement may apply for registration in the form approved by the director and adapted to suit the circumstances.

Application must be for all lands or charges comprised in instrument

156  (1) A person producing an instrument in support of an application for registration must apply to register the title dealt with by the instrument to the full extent to which the instrument is effectual.

(2) If application is made to register the title to a part of the land or to an undivided portion of the interest comprised in and effectually dealt with by an unregistered instrument, the registrar must not register the application unless registration of the title to the remainder of the land, or to the remaining interest comprised in the instrument and located in the registrar's land title district is concurrently applied for.

(3) In case of a transmission of property by reason of death, the registrar may, if in the registrar's opinion hardship might otherwise ensue, accept an application for the registration of the title to a portion of the property.

(4) Subsection (1) applies to an instrument purporting to create, assign or otherwise deal with 2 or more charges on land.

(5) Subsection (4) does not apply to a lease or agreement for lease for a term not exceeding 3 years if there is actual occupation under the lease or agreement so as to require the tenant, on applying to register an option to purchase or right of first refusal contained in the lease or agreement, to register the lease or agreement.

Forms

157  (1) If an application is made in the appropriate approved form, the form must appear on the first page at least 1 1/2 inches from the top of the instrument tendered for registration unless the registrar allows the form to appear elsewhere, and must be signed by the applicant or the applicant's solicitor or authorized agent.

(2) If no instrument is required to be produced in support of an application under section 154 or 155, the approved form may be included in a letter or other document satisfactory to the registrar.

(3) The signature of a person to the form implies a statement by the signatory that he or she or, as the case may be, the person on whose behalf the application is made,

(a) is applying for registration under this Act,

(b) is entitled to be registered

(i) as the owner in fee simple of the land described, or

(ii) as the owner of the charge specified over the land described, and

(c) claims registration accordingly.

(4) A signatory to the form, unless he or she is the applicant, must state whether he or she is acting as solicitor or the authorized agent for the applicant, and if the signatory fails to so state, he or she is deemed to state that he or she is the duly authorized agent for the applicant.

(5) Unless otherwise stated in the form, the address of the person entitled to be registered as owner is deemed to be that shown in the instrument.

(6) If a signatory to the form is an agent, his or her signature to the application is deemed to state that he or she is the duly authorized agent for the applicant and has reached 19 years of age.

Restrictions as to scope of application

158  (1) An application for the registration of the fee simple must not include

(a) subdivided and unsubdivided land,

(b) parcels shown under different subdivision plans,

(c) more than 5 parcels of subdivided land,

(d) several parcels of unsubdivided land that are not contiguous, or

(e) several parcels of unsubdivided land, whether or not they are contiguous, if the total area of the parcels included would exceed 800 ha.

(2) Despite subsection (1), one single parcel containing in excess of 800 ha may be included in a single application.

(3) For the purpose of this section, a highway, dike, stream or statutory right of way is not a break in the contiguity of land that is otherwise contiguous.

(4) The Board of Directors may make regulations amending the restrictions imposed by this section.

Registrar may require deposit of instruments

159  The registrar may require an applicant to produce or deposit an instrument or other document in the applicant's possession or in the applicant's control in any capacity affecting the land covered by the application or evidencing title to it.

Summons to produce instruments

160  The registrar may, by summons in the form approved by the director, require a person to produce an instrument in the person's possession or in the person's control in any capacity affecting land or a charge, or evidencing the title to it, and, if the instrument is required to complete registration, the registrar may require the person to deposit the instrument.

Application to court to compel production or deposit of instruments

161  (1) If a person summoned by the registrar to produce or deposit an instrument or other document refuses or neglects to do so, the registrar may apply to the Supreme Court, calling on the person to appear and show cause why the person should not obey the summons.

(2) If a person, after being served with notice of the application under subsection (1), refuses or neglects to attend before the court at the time and place set in the notice, the court may

(a) issue a warrant authorizing and directing the person so summoned to be apprehended and brought before the court for examination, or

(b) make any order that may be just.

Powers of court on hearing

162  (1) The court may examine on oath the person summoned under section 160 and, after the examination or in the person's absence, may order the person to produce or deliver up the instrument or other document requested by the registrar.

(2) If the person summoned

(a) refuses or neglects to comply with the order, or

(b) cannot be found and the summons or warrant cannot be served on the person,

the court may

(c) direct the registrar to proceed with the application pending before the registrar without the production of the instrument or other document,

(d) declare that the instrument or other document is deemed to be cancelled, amended or endorsed, in whole or to the extent that the registrar would have had authority to cancel, amend, or endorse it if it had been produced to the registrar on the application under section 161 (1), and

(e) make any further order that the circumstances of the case may require.

Notice of intention to register

163  (1) If an applicant is unable to comply with a requisition of the registrar that a particular instrument or document, including an absolute certificate of title, a duplicate indefeasible title or a certificate of charge, be produced or deposited, because it is in the possession of the registered owner or another person who refuses or neglects to produce the instrument, the registrar may,

(a) instead of proceeding under section 160, and

(b) on being satisfied that the applicant has otherwise established a good safe holding and marketable title to the land in question,

give notice in the form approved by the director to the person who has possession of the instrument.

(2) If a duplicate indefeasible title for land affected by an expropriation notice is issued at the time the notice is filed, the registrar must

(a) cancel the duplicate indefeasible title, and

(b) give notice of its cancellation to the person to whom it was delivered at the person's address specified in section 176 (5)

and the registrar must not issue another duplicate indefeasible title for the land until a vesting notice or notice of abandonment respecting the expropriation has been filed in accordance with the Expropriation Act.

Registration after notice

164  (1) The period stipulated in the notice in the approved form or an extension of that period is in the discretion of the registrar.

(2) Unless a good and valid objection in writing from the person served with the notice is received within the period stipulated in the notice or in an extension of it, the registrar may proceed with the registration of the title claimed by the applicant.

(3) If the title claimed is an estate in fee simple, an outstanding absolute certificate of title or duplicate indefeasible title, the nonproduction of which is mentioned in the notice, is deemed conclusively to be cancelled as to the land so registered in the name of the applicant.

Corporate powers assumed

165  (1) For the purpose of this Act, a corporation, including a strata corporation, is deemed to have the power and capacity of a natural person of full capacity in acquiring and disposing of land despite a stipulation, restriction or qualification expressed or imposed in any other Act or law, charter or memorandum and articles of association of the corporation, or in any other document.

(2) Subsection (1) does not relieve a person who under an Act or law is responsible for or in control of a corporation from liability for acts of the corporation that, despite subsection (1), are beyond the powers of the corporation.

(3) If a corporation holds land in a fiduciary capacity, subsection (1) is subject to section 180 and does not

(a) extend the powers of the corporation in respect of that land, or

(b) relieve the corporation or a person who by statute or law is responsible for or in control of the corporation from liability to the beneficiaries for an act of the corporation that is beyond its powers, or is contrary to the trusts under which the corporation holds the land.

(4) Despite

(a) any other Act or law,

(b) the charter, memorandum, notice of articles and articles or other constating documents of a corporation, or

(c) any other document,

an instrument executed by a corporation is, in favour of all persons dealing in good faith with the corporation, conclusively deemed to be properly executed and the instrument takes effect accordingly if

(d) the instrument is executed for the corporation by an individual whose signature is represented in the instrument as the signature of an authorized signatory of the corporation,

(e) the execution of the instrument is witnessed or proved in accordance with Part 5, and

(f) in the case of a strata corporation, the instrument is accompanied by a Certificate of Strata Corporation in the prescribed form under the Strata Property Act stating that the execution of the instrument has been approved by a resolution at an annual or special general meeting in accordance with the requirements of the Strata Property Act, and that the instrument conforms to the resolution.

(5) The registrar may accept the signature of an officer under Part 5 or an affidavit under section 49 as sufficient evidence that a corporation existed at the time an instrument was executed by it, or the registrar may require further evidence of that fact.

Disposal of instruments deposited

166  (1) Subject to subsection (3), all instruments and other documents deposited with the registrar must remain on deposit in the land title office or in some other location approved by the Board of Directors.

(2) If an application to register or deposit an instrument is refused by the registrar or withdrawn, the instrument produced in support of the application must be returned to the applicant.

(3) An instrument or other document may be destroyed if

(a) there is a duplicate, as defined in section 38, of the instrument or other document,

(b) the instrument or other document has no significant historical value, and

(c) the destruction is authorized by the bylaws of the Land Title and Survey Authority.

Withdrawal of application

167  (1) If an application has been made, and no other pending application is affected by it, the applicant may withdraw the application as to all or a part of the land comprised in it at any time before registration, on terms the registrar considers proper.

(2) If the person making the application is

(a) an agent who is not a solicitor, or notary public under the Notaries Act, or

(b) one of several owners acting on behalf of himself or herself and the other owners,

the registrar may refuse to allow the applicant to withdraw the application until the applicant produces the written consent, properly verified, of his or her principal or, as the case may be, the other owners.

(3) If a caveat has been lodged contesting the applicant's right to registration, the registrar may refuse to allow the application to be withdrawn until the applicant has paid the caveator a sum the Supreme Court on application may set, and the court may, by order, direct the applicant to pay reasonable compensation for the costs and expenses to which the caveator has been put because of the application.

(4) An application that has been withdrawn is void.

Summary rejection of defective application

168  (1) The registrar may cause an application and an instrument or other document presented with it

(a) to undergo a preliminary inspection, or

(b) to be received without preliminary inspection.

(2) An application may be summarily rejected if, in a preliminary inspection under this section,

(a) the instrument or other document

(i) does not qualify in substance and in form for registration, filing or deposit,

(ii) is not on sufficiently durable paper,

(iii) is illegible in any respect, including the signature of a witness or an official authorized to take an affidavit,

(iv) is in whole or in part a carbon copy of a typewritten document, or

(v) is not capable of being satisfactorily microfilmed or photocopied or of being scanned and stored electronically using equipment in the land title office,

(b) the supporting application or other document is incomplete or not in proper form, or

(c) obvious defects in title are discovered.

(3) Whether or not there has been a preliminary inspection, the application is received when the registrar has complied with section 153.

(4) Every application received must be examined without delay and, except for an application to register a certificate of pending litigation or to lodge a caveat, must be given consideration in order of its receipt.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 19.1 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 24.01 | Part 24.1 | Part 24.2 | Part 25 | Schedule 1 | Schedule 2