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Land Title Act

[RSBC 1996] CHAPTER 250

Part 13 — Dealings With Indefeasible Title Other Than by Registration

Registration of new indefeasible title and change of name

191  (1) On application by a person shown as a fee simple owner of land with respect to which an indefeasible title has been registered and on production of the duplicate indefeasible title, if any, accompanied by proof satisfactory to the registrar that the name of that person has been lawfully changed, and of the person's identity, the registrar must cancel the existing indefeasible title and register a new indefeasible title in the changed name of that person.

(2) The registrar may, instead of the procedure set out in subsection (1), endorse the change of name on the register.

(3) On application by a person who is the registered owner of a charge, and on production of proof satisfactory to the registrar that the name of that person has been lawfully changed, and of the person's identity, the registrar must endorse the change of name on the register.

(4) For the purposes of this section, a change of name is deemed to include an amalgamation of 2 or more corporations, however effected, and whether in respect of a beneficial or trust estate or interest in land, and the continuing corporation following the amalgamation may apply under subsection (1) or (3).

Registration of several indefeasible titles instead of original

192  (1) On application by a registered owner of the fee simple and on the surrender and cancellation of one or more duplicate indefeasible titles, the registrar may cancel the title in the register, and register in the name of the owner, subject to the restrictions of sections 158 and 178, one or more indefeasible titles collectively covering the land included in the surrendered titles and, respectively, covering that part of the land that the owner may direct.

(2) On application by a registered owner whose title is subject to one or more cancelled charges, and on the surrender and cancellation of the registered owner's duplicate indefeasible title, the registrar may cancel the subsisting title and register a new indefeasible title.

(3) On application by tenants in common, the registrar may, in the same manner as provided in subsection (1),

(a) consolidate in one indefeasible title the undivided interests to which the applicants are entitled, or

(b) unless the separation would result in the same person being the registered owner under separate indefeasible titles of all that person's undivided interests, separate into several indefeasible titles the undivided interests to which the applicants are entitled.

(4) The holder of a duplicate indefeasible title on which the registrar has endorsed a transfer of part of the land included in the indefeasible title, may surrender it for cancellation under this section and receive a new duplicate indefeasible title for the land or interest remaining in the surrendered certificate.

(5) The registrar may act under subsection (2) or (4) without an application being made.

(6) The registrar must note in the register all conditions, charges, liens, interests and endorsements to which the respective land is subject at the time of the application or of the registrar proceeding under subsection (5).

Lost indefeasible certificate of title

193  (1) On the registrar being satisfied by affidavit that a duplicate indefeasible title has been lost or destroyed, and on advertisement of the registrar's intention published for such time in one or more newspapers, or in the Gazette, or in both, as the registrar considers necessary and proper, the registrar may issue a provisional indefeasible title instead of the duplicate indefeasible title lost or destroyed.

(2) The provisional indefeasible title must contain an exact copy of the corresponding indefeasible title kept in the register, and of every endorsement on it, and must state the reason why it is issued and refer to the document filed as evidence of loss or destruction by its filing number.

(3) The registrar must note on the register the issue of the provisional indefeasible title and the date of issue and refer to the document filed as evidence of loss or destruction by its filing number.

(4) The registrar may dispense with the advertisement of intention or may substitute the posting of a notice in the land title office if the registrar is satisfied of the destruction of the duplicate indefeasible title or of its loss under such circumstances that it could not fall into other hands and that advertisement may safely be dispensed with.

(5) The registrar may, on the surrender of a defaced or mutilated duplicate indefeasible title, issue a provisional indefeasible title in place of it.

Effect given to new or provisional indefeasible title

194  A new indefeasible title or provisional indefeasible title registered or issued under sections 191 to 193 is available for all purposes and uses for which the former indefeasible title or duplicate indefeasible title, as the case may be, would have been available, and in respect of the land or interest included in it is as valid and effectual as the former indefeasible title or duplicate indefeasible title, and relates back to the date of registration or issue of the former indefeasible title or duplicate indefeasible title.

Surrender of duplicate indefeasible title on registration of charge

195  (1) On an application to register a charge by way of mortgage or agreement for sale, the duplicate indefeasible title, if any, must be surrendered to the registrar for cancellation.

(2) When all charges referred to in subsection (1) appearing in the register have been cancelled, the registrar may, on request of the registered owner in fee simple, issue to the registered owner a duplicate indefeasible title and deliver it to the registered owner or that owner's nominee.

Provisional title may issue to minerals

196  Sections 193 to 195 apply to a certificate of title to minerals.

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