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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 19 — Caveats

Lodging caveat

282  (1) A person, in this Act referred to as the "caveator", claiming

(a) under an unregistered instrument which is incapable of immediate registration,

(b) by operation of law, or

(c) otherwise,

to be entitled to land the title to which is registered under this Act, may by leave of the registrar, granted on terms, if any, the registrar may consider proper, lodge a caveat with the registrar prohibiting registration of a dealing with the land either absolutely or in the manner or to the extent expressed in the caveat.

(2) A committee or the Public Guardian and Trustee acting under the Patients Property Act may lodge a caveat with the registrar if the committee or Public Guardian and Trustee certifies

(a) that he or she has been appointed committee or is the committee under the Patients Property Act, and

(b) that the land of a patient is or may be endangered.

(2.1) An attorney acting under an enduring power of attorney may lodge a caveat with the registrar if the attorney certifies

(a) that the attorney has the authority to act as attorney under Part 2 of the Power of Attorney Act, and

(b) that the land of the person for whom the attorney is acting is or may be endangered.

(3) Section 293 does not apply to a caveat lodged under subsection (2), but the registrar may withdraw the caveat

(a) on receiving a withdrawal notice under section 290, or

(b) on application by any person, if the registrar considers it proper to do so.

Right of registered owner to lodge caveat

283  (1) A caveator, being a registered owner, who provides evidence that

(a) an instrument properly executed by the caveator is no longer valid or operative, or

(b) an instrument not properly or validly executed by the caveator might be or has been tendered for registration,

may by leave of the registrar, granted on such terms, if any, as the registrar may consider proper, lodge a caveat with the registrar to the effect that a disposition of the land or charge, either generally or as specifically expressed in the caveat, must not be registered unless

(c) the consent of the caveator is given after notice demanding the caveator's consent has been served on the caveator, or

(d) the claimant under the instrument establishes the claimant's title in a court.

(2) Subsection (1) applies to a power of attorney executed by a registered owner.

(3) A caveat under this section must comply with section 286, except subsection (2) (b) of that section.

Power of court to issue injunction

284  (1) In this section, "order" includes injunction.

(2) The Supreme Court may,

(a) on the application of a person interested in land, or

(b) on application made on behalf of the owner of a future or contingent interest,

make an order prohibiting dealing with that land.

(3) The court may annex to the order terms and conditions it may consider proper, including an expiry date.

(4) The order may be lodged with the registrar, and, if lodged with the registrar, the registrar must deal with it in the same manner as a caveat.

(5) This section applies only to land registered under this Act.

Power of registrar to lodge caveat

285  (1) If, in the opinion of the registrar,

(a) an error has been made in a registration or in an indefeasible title or other instrument or document,

(b) a prohibition against dealing with land is necessary to prevent fraud,

(c) a person empowered to administer an enactment has produced satisfactory evidence of a contravention of the enactment and a prohibition is considered necessary to prevent improper dealing in land covered by an indefeasible title,

(d) land owned by or alleged to be owned by the Crown or a person under a disability is or may be improperly dealt with, or

(e) any other circumstances require it,

the registrar, on the registrar's own behalf or on behalf of the Crown or a person under a disability, may lodge a caveat to prohibit dealing with the land.

(2) The registrar, in the exercise of the registrar's discretion under subsection (1), may call for such evidence as the registrar considers necessary in the circumstances.

(3) A caveat lodged by the registrar does not lapse unless the caveat expressly so provides.

Form of caveat

286  (1) A caveat may be in the form approved by the director.

(2) A caveat must be verified by the affidavit of the caveator, or the caveator's solicitor or agent and must set out in numbered paragraphs the following:

(a) a description of the land against which the caveat is to be lodged;

(b) the nature of the estate or interest claimed;

(c) the grounds on which the claim is founded;

(d) an address within British Columbia at which notices may be served.

(3) This section does not apply to a caveat lodged by the registrar.

Duty of registrar on receipt of caveat

287  On the receipt of a caveat lodged under this or any other Act, the registrar must

(a) make an endorsement on it of the day and time of its receipt,

(b) enter an endorsement of it in the register, and

(c) forthwith send a copy of it to the person against whose title the caveat has been lodged.

Effect of caveat

288  (1) As long as a caveat lodged with the registrar remains in force, the registrar must not

(a) register another instrument affecting the land described in the caveat, unless the instrument is expressed to be subject to the claim of the caveator, or

(b) deposit a plan of subdivision or otherwise allow any change in boundaries affecting the land described in the caveat, unless consented to by the caveator.

(2) An instrument expressed to be subject to the claim of the caveator may be registered or deposited, unless the claim of the caveator, if successful, would, in the opinion of the registrar, destroy the root of title of the person against whose title the caveat has been lodged.

Proceedings for discharge of caveat

289  (1) An owner or other person claiming an estate or interest in land or a charge, in this Act referred to as the "caveatee", may, before the expiry of the caveat, apply to the Supreme Court and notify the caveator to attend before the court to show cause why the caveat should not be discharged.

(2) The court may,

(a) on proof that the caveator has been served with the notice, and

(b) on such evidence as the court may require,

make such order as the court may consider proper.

(3) If a question of right or title is required to be determined, the procedure must be as nearly as may be in conformity with the Supreme Court Civil Rules.

(4) If a caveat is lodged by the registrar, the application must be heard in the city in which the land title office in question is located.

Withdrawal of caveat

290  (1) A caveator may, by notice in writing, which may be in the form approved by the director, to the registrar, withdraw the caveat at any time, but the withdrawal of the caveat does not prejudice the power of the court to make an order as to payment by the caveator of the costs of the caveatee incurred before the receipt by the caveatee of the notice.

(2) The notice may be signed by the caveator or the caveator's personal representative, or, if the caveat was signed by a solicitor, by that solicitor.

Further caveat lodged after caveat has lapsed, been withdrawn or discharged

291  (1) After a caveat has lapsed or has been withdrawn or discharged a caveator must not, except as mentioned in this section, lodge another caveat in respect of the same matter.

(2) If a caveator has withdrawn the caveat, the registrar may, on terms the registrar considers proper, allow one further caveat to be lodged in respect of the same matter.

(3) Nothing in this section affects the right of the registrar to lodge a caveat under this Act.

Registration of withdrawal, lapse or discharge of caveat

292  On application to the registrar, together with such evidence as the registrar may require, the registrar must make an endorsement in the register of the withdrawal, lapse or discharge of a caveat.

Lapse of caveat

293  (1) A caveat lodged under this Act lapses and ceases to affect the title to land after the expiration of 2 months after the date it was lodged with the registrar, unless within that period the caveator commences an action to establish the caveator's title to the estate or interest claimed and registers a certificate of pending litigation.

(2) Despite subsection (1), if a caveatee, in accordance with the caveat serves, at least 21 days before the expiry of the 2 months referred to in subsection (1), a notice in the form approved by the director on the caveator or the caveator's solicitor or agent filing the caveat, as the case may be, to withdraw the caveat or take proceedings in court to establish the claim made in the caveat, the caveat lapses and ceases to affect the caveatee's title to the land after the expiration of 21 days after the date of service, unless within the 21 day period the caveator commences an action to establish the caveator's title to the estate or interest claimed and registers a certificate of pending litigation.

(3) This section does not apply to a caveat lodged by the registrar.

Compensation if caveat lodged wrongfully

294  (1) If a caveator wrongfully and without reasonable cause lodges or causes to be lodged with the registrar a caveat, the caveator is liable to pay to the person who sustains damage by it such compensation as the Supreme Court considers just.

(2) This section does not apply to a caveat lodged by the registrar.

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