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Land Title Act

[RSBC 1996] CHAPTER 250

Part 12 — Transfers

Form of transfer

185  (1) A transfer of a freehold estate must be in the form approved by the director and on a single page.

(2) This section does not apply

(a) if a form of transfer is prescribed by another enactment, or

(b) if, in the opinion of the registrar, it would be proper to accept another form of transfer.

(3) Nothing in subsection (1) precludes the addition, in the approved form, of an additional or necessary party.

Implied covenants

186  (1) In this section, "transferor" and "covenantor" include the personal representatives of each, and "transferee" and "covenantee" include the personal representatives and assignees of each.

(2) Unless expressly excepted or qualified, and except as provided in subsection (3), a transfer of a freehold estate for valuable consideration in the approved form or in a form permitted by the registrar under section 185 (2) (b) is deemed

(a) to be made under Part 1 of the Land Transfer Form Act,

(b) to contain the forms of words contained in column 1 of Schedule 2 to that Act, and

(c) to be made by the transferor as covenantor with the transferee as covenantee,

and to have the same effect and be construed as if it contained the forms of words contained in column 2 of Schedule 2 to that Act.

(3) Despite subsection (2), unless expressly excepted or qualified, a transfer of an estate in fee simple in the approved form made by a personal representative or trustee is deemed to contain only the form of words in section 7 of column 1 of Schedule 2 to the Land Transfer Form Act, Part 1, and to have the same effect and be construed as if it contained only the form of words in section 7 of column 2 of Schedule 2 to that Act.

(4) Subject to subsections (5) to (8), a transfer of a freehold estate for valuable consideration and in the approved form that is completed and executed in the manner approved by the director, and the execution of which has been witnessed or proved in accordance with Part 5, operates to transfer the freehold estate of the transferor to the transferee whether or not it contains express words of transfer.

(5) Subject to subsection (8), if the transfer does not contain express words of limitation, the transfer operates to transfer the freehold estate of the transferor in the land to the transferee in fee simple.

(6) Subject to subsection (8), if the transfer contains express words of limitation, the transfer operates to transfer the freehold estate of the transferor in the land to the transferee in accordance with the limitation.

(7) Subject to subsection (8), if the transfer contains an express reservation or condition, the transfer operates to transfer the freehold estate of the transferor to the transferee subject to the reservation or condition.

(8) Subsections (4) to (7) do not operate to transfer an estate greater than the estate in respect of which the transferor is the registered owner.

Registration of transferee

187  If there is a transfer, in the approved form or other form satisfactory to the registrar, of land the title to which is registered, the transferee is entitled to be registered as the owner of the estate or interest held by or vested in the former owner to the extent to which that estate or interest is transferred and the registrar must register the title claimed by the applicant

(a) on being satisfied that the transfer produced has transferred to and vested in the applicant a good safe holding and marketable title, and

(b) on production of the former absolute certificate of title or duplicate indefeasible title, if any.

Registration by amendment to register

188  (1) In this section, "transfer" includes a transmission, and "transferee" includes a person entitled by transmission to be a registered owner.

(2) If

(a) land described in a transfer is the subject of a further transfer, or

(b) the registrar has reason to believe that a further transfer is pending,

the registrar may amend the existing indefeasible title by striking out the name of the transferor on it and substituting the name of the transferee in the first transfer.

(3) An amendment made under subsection (2) constitutes the transferee the registered owner of the land described in the indefeasible title as effectively and in the same manner as if an indefeasible title in respect of the land described in the transfer had issued.

Dealings with duplicate indefeasible title on transfer

189  (1) The holder of a duplicate indefeasible title to land for which the holder has given a transfer must deliver up the holder's duplicate indefeasible title to the registrar for cancellation.

(2) If the transfer covers all the land included in the duplicate indefeasible title, the registrar must retain the duplicate and must mark or stamp on it "cancelled" and note on the duplicate and the existing indefeasible title, the number of the new indefeasible title covering the land.

(3) If the transfer covers

(a) only a part of the land included in the duplicate indefeasible title, or

(b) an undivided interest in the land less than the whole interest shown on the duplicate indefeasible title,

the registrar may,

(c) in the manner provided in this section, cancel the duplicate indefeasible title and the existing indefeasible title and, subject to production of a reference or explanatory plan that the registrar may require, register a new indefeasible title covering the remainder, or

(d) amend the existing indefeasible title and duplicate indefeasible title, if any, by removing the part or interest covered by the transfer.

(4) A plan required under subsection (3) by the registrar does not require approval under sections 75 and 91.

(5) If a person registered as a co-owner acquires by transfer all or part of the interest of the person's co-owner, the registrar must register a single indefeasible title consolidating the interest so acquired with that held by that person at the date of registration, and any outstanding duplicate indefeasible title must be cancelled under this section.

(6) The registrar may apply subsection (3) if a part of or an interest in the land is to cease being contained in the title.

Destruction of duplicate indefeasible title

190  Despite section 166, a cancelled duplicate indefeasible title, other than a certificate endorsed with an executed transfer under the former Act in Form N (Special), may be destroyed by the registrar at any time after the expiration of 3 months from the date of cancellation.

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