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This Act is current to October 11, 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 17 — Transmission of Fee Simple and Charge

Division 1 — General

Registration of transmission before subsequent dealing

260  (1) In this section, "dealing" does not include

(a) a release by a personal representative of a mortgage of which the will-maker or intestate was the registered owner, or

(b) a release by a surviving joint tenant of a mortgage of which the surviving and deceased joint tenants were the registered owners.

(2) If an estate in fee simple, or a charge other than a judgment or a claim of lien under the Builders Lien Act, has become the subject of a transmission, the person entitled under it,

(a) before registering an instrument dealing with the estate in fee simple, and

(b) in the case of a charge,

(i) before registering an instrument dealing with the charge, or

(ii) before taking or continuing a proceeding to enforce the charge,

must apply to the registrar to be registered as the owner of the estate in fee simple or charge.

(3) The registrar, on

(a) being satisfied that a good safe holding and marketable title has been established by the applicant, and

(b) production of the duplicate indefeasible title, if any,

may register the title claimed by the applicant.

Conveyance under Court Order Enforcement Act or Builders Lien Act

261  On application for registration, accompanied by

(a) the conveyance to the purchaser of land sold under the Court Order Enforcement Act or the Builders Lien Act, the execution of which is proved to the satisfaction of the registrar, and

(b) the order of the court under which the sale is made,

the estate or interest in the land sold may be registered under this Act, and an existing absolute certificate of title, duplicate indefeasible title or certificate of charge in respect of that land is deemed to be cancelled as to that estate or interest.

Registration of land vested in Crown by statute

262  (1) If land the title to which is registered becomes vested in the Crown under an Act otherwise than as a result of tax sale proceedings, section 278 applies, and the registrar,

(a) on application by the minister charged with the administration of that Act, and

(b) on the production of a certificate of vesting signed by the minister and describing the land,

must register an indefeasible title to that land in the name of the Crown in right of the Province, and cancel any existing indefeasible title to the land, or effect registration by way of charge in the name of the Crown in right of the Province, as the case may be.

(2) Subsection (1) applies for the benefit of a statutory agency of the government in respect of land acquired by it under an Act.

Division 2 — On Death of Will-Maker or Intestate

Definitions

263  In Divisions (2), (3) and (4):

"certified copy" means a copy certified by the signature of the registrar of the court and sealed with the seal of the court;

"land" means an estate in fee simple.

Power and title of personal representative on registration

264  If an applicant becomes registered as personal representative of a deceased owner,

(a) in the case of land, the applicant is invested with all the title of the deceased owner in it, and

(b) in the case of a charge, the applicant is invested with all the rights and powers of the deceased owner,

and the title of the applicant relates back to and takes effect as and from the date of the death of the deceased.

Death before April 1, 1947

265  Except as provided in section 269, an application to register a transmission of land or charge consequent on the death of a will-maker or an intestate occurring before April 1, 1947 must not be dealt with by the registrar unless there is filed in the land title office

(a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant,

(b) an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected, and

(c) a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.

Death after March 31, 1947

266  (1) An application to register a transmission of land or a charge consequent on the death of a will-maker or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the land title office

(a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant,

(b) the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada), and

(c) an office copy of

(i) Form S.D. 1 or Form S.D. 1 Special, of the Succession Duty Act (Canada), or

(ii) that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.

(2) If the death occurred on or after December 31, 1958, but before April 1, 1963, the applicant must comply with subsection (1) (a) and file

(a) the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada), and

(b) an office copy of

(i) Form ET 60 or Form ET 61 of the Estate Tax Act (Canada), or

(ii) that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.

(3) If the death occurred after March 31, 1963, but before January 1, 1972, the applicant must comply with subsection (1) (a) and file

(a) the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada),

(b) an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected, and

(c) a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.

(4) If the death occurred after December 31, 1971, but before January 25, 1977, the applicant must comply with subsections (1) (a) and (3) (b) and (c).

(5) If the death occurred after January 24, 1977, the applicant must comply with subsection (1) (a) and if application for grant or reseal of probate or grant of administration was filed with the registrar of the court in British Columbia

(a) before January 1, 1982, file an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, or

(b) after January 1, 1982, file an office copy of that portion of the declaration and disclosure document required by section 122 of the Wills, Estates and Succession Act,

that correctly describes the land or charge affected.

(6) The registrar may dispense with the filing of the document required in subsection (5) (b).

Discharge of mortgage

267  Sections 265 and 266 apply to an application to register a discharge of a mortgage executed by the personal representative of a deceased mortgagee.

When resealing may be dispensed with

268  If the net value of an estate in British Columbia does not exceed $50 000, the registrar may, in the case of hardship, economic or otherwise, dispense with the resealing in British Columbia of a grant of probate or grant of administration issued in another province.

Division 3 — On Death of Joint Tenant

Transmission re joint tenancies

269  An application to register a transmission of land or a charge consequent on the death of a joint tenant must not be dealt with by the registrar unless there is filed in the land title office a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant, or a certificate of death issued by the appropriate public officer, and

(a) in the case of a death occurring before April 1, 1947, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act,

(b) in the case of a death occurring after March 31, 1947, but before January 1, 1959, the consent to transfer the land or charge made and provided under the Succession Duty Act (Canada),

(c) in the case of a death occurring after December 31, 1958, but before April 1, 1963, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada),

(d) in the case of a death occurring after March 31, 1963, but before January 1, 1972, the consent to transfer the land or charge made and provided under the Estate Tax Act (Canada), and a certificate of discharge or a consent to transfer made and provided under the Succession Duty Act, or

(e) in the case of a death occurring after December 31, 1971, but before January 25, 1977, a certificate of discharge or a consent to transfer the land or charge made and provided under the Succession Duty Act.

Discharge of mortgage by surviving joint tenant

270  Section 269 applies to an application to register a discharge by a surviving joint tenant of a mortgage of which the surviving and deceased joint tenants were the registered owners.

Division 4 — On Foreclosure

Presumption as to regularity of foreclosure and cancellation proceedings

271  (1) In an application founded on a final order of foreclosure, the registrar, on production of a certified copy

(a) of the order nisi, if any, and

(b) of the final order for foreclosure in which the defendants are all the parties appearing on the records of the registrar as the owners of the fee simple in or a charge on the land priority to whose estate or charge is claimed by the applicant,

is entitled to presume the regularity of all intervening proceedings, and no person foreclosed by the order and named in it as a defendant, who is deprived of land or a charge by the registration of a new indefeasible title, has an action or claim against the assurance fund based on an alleged defect in the foreclosure proceedings.

(2) The presumption of regularity created by subsection (1) applies to all applications founded on a final order for the cancellation of an agreement for the sale of land or a subagreement for the sale of land, and no person, named as a defendant in the order,

(a) whose estate or interest is cancelled by the order, and

(b) who is deprived of land or a charge by a cancellation or other registration effected by the registrar pursuant to the order,

has an action or claim against the assurance fund based on an alleged defect in the cancellation proceedings.

(3) In this section, "assurance fund" means the applicable assurance fund under Part 19.1 or Part 20.

Division 5 — Tax Sales

Notice of tax sale as to each parcel sold

272  (1) If land is sold for taxes, the collector or other proper officer of the taxing authority, as the case may be, must forthwith after the tax sale file with the registrar a notice in writing signed by the collector setting out all of the following:

(a) that the land described in it has been sold for taxes;

(b) the date of the tax sale;

(c) the full name, occupation and address of the assessed owner;

(d) the amount for which the land was sold.

(2) On receipt of the notice, the registrar must make a reference to it in the register.

(3) One notice may cover a number of parcels that are registered collectively under one indefeasible title, but if the parcels are not so registered a separate notice is required in respect of each parcel.

Notice of redemption of tax sale land

273  (1) If land sold for taxes or subject to forfeiture is redeemed within the time limited for redemption, the collector or other proper officer of the taxing authority, as the case may be, must forthwith file with the registrar a notice in writing signed by the collector setting out that the land described in it has been redeemed and the date of the redemption.

(2) On receipt of the notice, the registrar must cancel the notice of sale or forfeiture and the reference to it in the register.

(3) One notice may cover a number of parcels that are registered collectively under one indefeasible title, but if the parcels are not so registered a separate notice is required in respect of each parcel.

Application to other Acts

274  Sections 272 and 273 apply to sales, forfeitures and redemptions of land in respect of taxes under

(a) [Repealed 2003-90-5.]

(b) [Repealed 2014-15-175.]

(c) Part 2 of the Drainage, Ditch and Dike Act, and

(d) Part 17 of the Local Government Act.

Registration of tax sale purchaser under Taxation (Rural Area) Act

275  (1) This Division applies to an application for registration on behalf of a purchaser under a tax sale under the Taxation (Rural Area) Act held after December 31, 1917.

(2) On the application under subsection (1), accompanied by the tax sale deed, the registrar

(a) must register the purchaser as owner of the land comprised in the deed and register an indefeasible title in the purchaser's favour, and

(b) must not

(i) take notice of an irregularity in the tax sale, or the proceedings relating to it, or

(ii) inquire into the regularity of the tax sale proceedings, or proceedings prior to or related to the assessment of the land.

(3) The applicant for registration under this section is not required to produce a former duplicate or absolute certificate to the land sold, but on registration of an indefeasible title under a tax sale deed, every indefeasible title, duplicate indefeasible title, absolute certificate of title or other certificate in respect of the land for which the indefeasible title is registered, is deemed to be cancelled as far as it relates to the land comprised in that indefeasible title.

Effect of registration of title derived from tax sale

276  (1) Despite any other Act, if land is sold for taxes, rates or assessments, the registration of the tax sale purchaser for an estate in fee simple purges and disencumbers the land of

(a) all the right, title and interest of every previous owner, or of those claiming under a previous owner, and

(b) all claims, demands, payments, charges, liens, judgments, mortgages and encumbrances of every nature and kind, whether or not registered under this Act,

that are subsisting immediately before the registration of the tax sale purchaser, except

(c) an easement registered against the land,

(d) a restrictive covenant, declaration of building scheme, or covenant under section 219 registered against the land,

(e) a statutory right of way registered as a charge against the land,

(f) the rights specified in section 23 (2) (a), (b), (e), (f), (h), (i) and (j), and

(g) a lien or mortgage of the Crown or an improvement district.

(2) A forfeiture and vesting of land in the Crown under section 39 of the Taxation (Rural Area) Act and the forfeiture of land under any other Act for nonpayment of taxes, rates or assessments does not extinguish

(a) an easement registered against the land,

(b) a restrictive covenant, declaration of building scheme or a covenant under section 219 registered against the land, or

(c) a statutory right of way registered as a charge against the land.

(3) The Crown is bound by subsection (2).

Provincial tax sale purchaser under repealed Acts

277  In the case of tax sales under the Taxation (Rural Area) Act to which this Division is not applied because of section 275 (1), proceedings for registration under tax sale deeds must be in accordance with the Acts repealed by the Land Registry Act, S.B.C. 1921, c. 26.

Land forfeited to or vested in Crown

278  (1) If land, the title to which has been registered,

(a) has been forfeited to the government for nonpayment of taxes, or

(b) becomes vested in the Crown for the use of the Province,

the Surveyor of Taxes or other proper officer must file with the registrar a certificate of forfeiture or vesting, as the case may be, signed by the Surveyor of Taxes or other proper officer.

(2) The certificate must set out a description of the land sufficient for the registrar to identify it in the register.

(3) A certificate of forfeiture or vesting filed under this section is satisfactory evidence to the registrar that the Crown is entitled to a good, safeholding and marketable title in fee simple to the land described in the certificate.

(4) On filing of a certificate of forfeiture or vesting under this section, the registrar must

(a) cancel every indefeasible title and duplicate indefeasible title relating to the land described in the certificate of forfeiture or vesting, and

(b) register a new indefeasible title to the land described in the certificate in the name of the Crown.

(4.1) If the certificate affects an absolute certificate of title, the registrar must make such entry in the records the registrar considers necessary to give notice of the interest of the Crown.

(5) The title of the Crown, on registration under this section is, subject to section 276, conclusive and is deemed to be the true and correct title from the time of registration, free from encumbrances, and is conclusive evidence that every application, notice, publication, proceeding, consent and act whatever that ought to have been made, given and done before the issue of the certificate by the collector or other proper officer has been made, given and done by the proper authority to the proper persons.

Tax sales held under Taxation (Rural Area) Act

279  Sections 272 to 275, 277 and 278 apply to a tax sale under the Taxation (Rural Area) Act held before January 1, 1971.

Application to the government

280  Section 278 applies to the registration of the title of the Crown on a forfeiture and vesting under the Taxation (Rural Area) Act.

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