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Victoria, British Columbia, Canada

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This Act is current to June 30, 2026

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

Contents

Part 1 —

Definitions,

Interpretation and Application

Definitions

References

Application to Strata Property Act

Part 2 — Land Title Offices and Officers

Land title districts

Power to constitute and change districts

Land title office

Continuation of existing offices and records

Duty of registrar to provide records affecting land in new district

Director of Land Titles

Registrar and staff

Deputy registrar and assistant deputy registrar

Evidence of authority of officials to act in certain cases

Qualifications for appointment to office

Prohibition of officers and staff acting in conflict with duties

Official seal

Office hours

Repealed

Protection of director and registrar from personal liability

Exemption of registrar from attendance as witness in court

Part 3 — Registration and Its Effect

Unregistered instrument does not pass estate

Unregistered instruments executed and taking effect before July 1, 1905

Operation of instrument as from time of registration

Effect of indefeasible title

Title by prescription abolished

Protection of registered owner against actions for recovery of land

25.1

Void instruments — interest acquired or not acquired

Registration of a charge

Notice given by registration of charge

Priority of charges based on priority of registration

Effect of notice of unregistered interest

Notice of unregistered interest as affecting registered owner of charge

Priority of caveat or certificate of pending litigation

Validity of registered voluntary conveyance

Equitable mortgage or lien not registrable

Registration of indefeasible title by court order

Admissibility of instruments

Completion of registration

Registration effective from time of application

Registrar to create official record of instruments and documents

Part 4 — Forms of Instruments

Registrable instruments

Order in Council transferring government rights in highway

Part 5 — Attestation and Proof of Execution of Instruments

Definitions

Witnessing and execution

Witnessing — individuals

Witnessing — corporations

Witnessing — individual power of attorney

Witnessing — corporate power of attorney

47.1

Repealed

Execution under seal

If instrument not witnessed

Defects

Part 6 — Powers of Attorney

Deposit of power of attorney on registration of instrument

Attorney's powers extend to after acquired land

Index of powers of attorney

Effect of execution of second power of attorney

Power of personal representative or trustee

Power of attorney valid for 3 years only

Revocation of power of attorney

Part 7 — Descriptions and Plans

Division 1 — General

Description of land

Public official plan

Description in Crown grant

Registration of title to Esquimalt and Nanaimo Railway Company land

Subsequent descriptions of land

Description by parcels shown on subdivision plan

Substitution for metes and bounds or abbreviated description

Assignment of distinguishing letter to remainder

Assignment of distinguishing letter by registrar

Requirements as to subdivision and reference plans

Posting plan

Block outline survey

Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant

Composite plans

When composite plan not to be deposited

Division 2 — Subdivision of Land

Restrictions on subdivision

73.1

Lease of part of a parcel of land enforceable

Method of defining new parcel

Requirements for subdivisions

Relief from requirements established by

section 75

Division 3 — Appointment, Powers and Duties of Approving Officers

Appointment of municipal approving officers

77.1

Appointment of regional district and islands trust approving officers

77.2

Provincial approving officers

77.21

Appointment of treaty first nation approving officers

77.3

Nisg̱a'a approving officer

Certain designations prohibited on subdivision plans

Repealed

Controlled access highways

Land in improvement districts

Repealed

Division 4 — Approval of Subdivision Plans

Tender of plan for examination and approval

83.1

Referral to designated highways official

Plan tendered later than 3 months after survey

Time limit for approval and consideration of public interest

85.1

Environmental Management Act requirements must be met

Matters to be considered by approving officer on application for approval

Local government matters to be considered by approving officer

Approval of plan

Appeal to Supreme Court

Power of Lieutenant Governor in Council to prohibit deposit of plan

Division 5 — Deposit of Subdivision Plans

Approval of subdivision plan required

Application for deposit

Title to land in plan required to be registered

Endorsement of certificate

Accreted land within plan

Water boundary deemed to be natural boundary

Signatures of owners to plan

New indefeasible titles for parcels shown on deposited plan

Division 6 — Other Methods of Defining New Parcels

Registrar to determine whether description of land acceptable

Re-establishment of boundaries

Principles guiding approving officer

Dedication by reference or explanatory plan

Execution of plan by owner

Serial deposit number

Division 7 — Conflicting Measurements

Power of registrar if measurements on plans conflict

Power of registrar to correct errors, defects or omissions

Division 8 — Vesting of Title by Deposit of Plan

Dedication and vesting

If designation on plan "Returned to Crown in right of the Province"

Extinguishment of highway not shown on plan

Division 9

Repealed

Division 10 — Penalties If Plan Not Deposited

Rights of purchaser when plan not deposited

Penalty for failure to deposit plan of subdivision

Division 11 — Statutory Right of Way Plans

Deposit

Statutory right of way plan may be used in application to register fee simple

Deposit of statutory right of way plan

Requirements of statutory right of way plans

Widening of statutory right of way

When water boundary deemed natural boundary

Alteration in deposited statutory right of way plan

Division 12 — Plans and Descriptions to Accompany Bylaws

Municipal bylaw cancelling highway or public square dedication

Part 8 — Cancellation of Plans

Definitions and

interpretation

Cancellation of plans by application to the registrar

Petition to cancel plan

Report of approving officer and district highways manager

Service of petition and other documents

Publication and posting

Notice of intention to appear

Place of hearing

Powers of registrar in relation to the hearing

Duties of registrar on hearing the petition

Powers of the registrar to cancel or alter a plan

Opposition by local authority

Opposition by minister

Preparation and registration of order

Registrar may vest an estate in fee simple

Cancellation by minister of plan comprising Crown land

Cancellation of interior lines

Part 9 — Air Space Titles

Definitions

Air space is land

Covenant to grant easements or to convey restrictive covenants not implied

Subdivision of land into air space parcels

Air space parcels in respect of highways

Air space plan

Air space plan

Taxation

Application

Part 10 — Applications for Registration and Evidence in Support

Application required

Form and manner of applying

Address of applicant

Particulars as to witness and parties to instrument

Repealed

Description of foreign government

Time of application

Application for registration of fee simple

Application for registration of charge

Application must be for all lands or charges comprised in instrument

Forms

Restrictions as to scope of application

Registrar may require deposit of instruments

Summons to produce instruments

Application to court to compel production or deposit of instruments

Powers of court on hearing

Notice of intention to register

Registration after notice

Corporate powers assumed

Disposal of instruments deposited

Withdrawal of application

Summary rejection of defective application

Part 10.1 — Electronic Filing

Division 1 —

Definitions and Application

168.1

Definitions

168.11

Application of other provisions of Act

Division 1.1

168.111

Repealed

Division 2 — Electronic Filing

168.12

Repealed

168.2

Electronic filing

168.21

Effect of electronic filing

168.22

Directions on electronic filing

Division 2.1

168.712-

168.77

Repealed

Division 3 — Special Rules for Certain Documents

168.3

Plans — preparation by land surveyor

168.31

Plans — signature of other persons

168.32

Charges — cancellation by corporate registered owner

168.33

Supporting documents

168.71

Repealed

168.78

Not enacted

168.79-

168.82

Repealed

Division 4 — Certification by Designate

168.4

Designates

168.41

Documents executed or witnessed

168.42

Plans

168.43

Supporting documents

168.9

Repealed

168.91

Repealed

Division 5 — General

168.5

Original document

168.51

Copies of electronic documents

168.52

Admissibility of execution copies

168.53

Delivery in registrable form

168.54

Deeds

168.55

Corrective declarations

168.56

Amendments to electronic plans

168.57

Production of evidence

168.58

Disposal of electronic documents

Division 6 — Certification of Subscribers

168.6

Definitions

168.61

Certification authority

168.62

Certification practice statement

168.63

Warranties of certification authorities

168.64

Immunity

Division 7 — Offences

168.7

Offences

Part 11 — Registration of Title in Fee Simple

Division 1 — First Registration

Registration of title

Requirements as to production of title deeds

Adverse possession

First estate of inheritance necessary to registration of fee simple

Several persons interested in registration

Application to convert absolute fee into indefeasible title

Division 2 — The Register and Duplicate Indefeasible Titles

Register and records

Duplicate indefeasible title

Registration of joint tenants

Division 3 — General

Limitation on number of parcels

Rights of owner of surface

Recognition of trust estates

Interest or right reserved to transferor

Registration of restrictive covenants and easements

Entries carried forward from original entry

Registration of grantor a condition precedent

Part 12 — Transfers

Form of transfer

Implied covenants

Registration of transferee

Registration by amendment to register

Dealings with duplicate indefeasible title on transfer

Destruction of duplicate indefeasible title

Part 13 — Dealings With Indefeasible Title Other Than by Registration

Registration of new indefeasible title and change of name

Registration of several indefeasible titles instead of original

Lost indefeasible certificate of title

Effect given to new or provisional indefeasible title

Surrender of duplicate indefeasible title on registration of charge

Provisional title may issue to minerals

Part 14 — Registration of Title to Charges

Division 1 — General

Registration of charges

Registration of person creating charge

Registration of subcharges

No subright to purchase registrable

Registration of assignment of charge

Repealed

Floating charges on land

Registration of debt to the government as a charge

Writ of affecting land

Registration of transfer, extension or modification of charges

Form of postponement

Certificates of charge

Transfer of mortgage

Division 2 — Judgments

Registration of judgments in same manner as charge

Registration of assignment of judgment and form of assignment

Notice to judgment creditor of intention to register

Costs on failure to establish priority

Form of release

Division 3 — Certificate of Pending Litigation

Registration of certificate of pending litigation in same manner as charge

Effect of registered certificate of pending litigation

Effect of certificate of pending litigation if prior application is pending

Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements

Statutory right of way

Registration of covenant as to use and alienation

Statutory building scheme and letting scheme

Requirements of registrable restrictive covenant

Discriminating covenants are void

Subdivision of dominant tenement

Division 4.1 — Party Wall Agreements

223.1

Definitions

223.2

Binding effect

Division 5 — Mortgages

Definition

Form of mortgage

Modification of standard terms

Prescribed standard mortgage terms

Filed standard mortgage terms

Receipt of standard mortgage terms by mortgagor

Registrar may require filing

Effect of a mortgage

Division 6 — General Instruments

Definitions and application

Form of general instrument

Modification of standard terms of general instrument

Filed standard general instrument terms

Effect of a general instrument

Release of registered charge

Part 15 — Instruments

Registration of instruments

Floating charges on land

Suspension and alteration

Part 16 — Cancellation of Charges

Cancellation of registration of charge

Application to cancel mortgage created by vendor

Redemption of mortgage if mortgagee absent

Mortgagee's refusal or neglect to give discharge

Vesting order in favour of purchaser

Cancellation if charge determined by effluxion of time

Cancellation of lease on breach of covenant

Effect of cancellation

Power of court to order cancellation of charge

Cancellation of charge on payment into court

Application to court

Cancellation of certificate of pending litigation

Cancellation of certificate of pending litigation if action discontinued

Cancellation of certificate of pending litigation if action dismissed

If action neither dismissed nor discontinued

Cancellation of certificate of pending litigation on other grounds

Power of court to order cancellation

Cancellation of registration

Discharge of mortgage

Part 17 — Transmission of Fee Simple and Charge

Division 1 — General

Registration of transmission before subsequent dealing

Conveyance under Court Order Enforcement Act or Builders Lien Act

Registration of land vested in Crown by statute

Division 2 — On Death of Will-Maker or Intestate

Definitions

Power and title of personal representative on registration

Repealed

Death of will-maker or intestate

266.1

Death of will-maker or intestate if order made under Wills, Estates and Succession Act

Discharge of mortgage

When resealing may be dispensed with

Division 3 — On Death of Joint Tenant

Transmission re joint tenancies

Discharge of mortgage by surviving joint tenant

Division 4 — On Foreclosure

Presumption as to regularity of foreclosure and cancellation proceedings

Division 5 — Tax Sales

Notice of tax sale as to each parcel sold

Notice of redemption of tax sale land

Application to other Acts

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

Effect of registration of title derived from tax sale

Provincial tax sale purchaser under repealed Acts

Land forfeited to or vested in Crown

Tax sales held under Taxation (Rural Area) Act

Application to the government

Part 18 — Notice of Certain Conditions and Obligations

Forest Act

Part 19 — Caveats

Lodging caveat

Right of registered owner to lodge caveat

Power of court to issue injunction

Power of registrar to lodge caveat

Form of caveat

Duty of registrar on receipt of caveat

Effect of caveat

Proceedings for discharge of caveat

Withdrawal of caveat

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

Registration of withdrawal, lapse or discharge of caveat

Lapse of caveat

Compensation if caveat lodged wrongfully

Part 19.1 — Land Title and Survey Authority Assurance Fund

294.1

Definition

294.11

Establishment and maintenance of assurance fund

294.12

Application of this

Part

294.2

Remedies of person deprived of land

294.21

Protection of purchaser in good faith and for value

294.22

Fault of registrar

294.3

Notice of actions against Land Title and Survey Authority

294.4

Liability of plaintiff for costs

294.5

Judgment against person liable

294.6

Limitation of liability of fund

294.61

Recovery limited to value of land

294.7

Payment from fund without action

294.8

Payment by Land Title and Survey Authority

294.9

Withholding of payment until proceedings concluded

Part 20 — Government Assurance Fund

294.91

Definition

Maintenance of assurance fund

295.1

Application of this

Part

Remedies of person deprived of land

Protection of purchaser in good faith and for value

Fault of registrar

Notice of actions against minister

Liability of plaintiff for costs

Actions against minister

Judgment against person liable

Limitation of liability of assurance fund

Recovery limited to value of land

Payment from assurance fund without action

Payment from consolidated revenue fund

Withholding of payment until proceedings concluded

Part 21 — Appeals

Duty of registrar to notify applicant of refusal of registration

Appeal to court

Preservation of applications

Appeals from decision of registrar

Registrar to act on order of court

Registrations made under order of court

Power of registrar to state case

Part 22 — Notices

Powers of registrar regarding preparation and service of notice

Personal service

Service by mail

317.1

Service by electronic means

Substituted service

Service if person is dead

Effect of service

Rights of purchaser for value protected

Part 23 — Special Surveys

Definitions

Minister may order special survey

Apportionment of costs if land within municipality

Apportionment of costs if land is in a rural area

Power to amend order if land subsequently becomes included within municipality

Advancement of costs by municipality or owners

Transmittal of copy of order to proper officer and registrar

Notice of special survey

Surveyor to act under minister

Preliminary procedure

Supplemental order or direction of minister

Procedure for fixing boundary of survey area

Transmittal of copy of supplemental order to proper officer and registrar

Guiding principles for surveyor

Nature of survey

Plans

Appointment of substituted surveyor

Report of surveyor

Notice to registrar

Notice to corporate officer

Notice of completion of survey

Notice of hearing

Statement of complaint or claim

Hearing by minister or appointed person

Subpoena

Method of conducting hearing

Power of minister to decide complaints and claims and make order

Principles for determining compensation

Approval of survey and plan by Lieutenant Governor in Council

Power to vest land

Notice of order in council approving of survey

Appeal

Entry of appeal

Registration

Method of registration

Effect of registration

Notice of registration

Assessment within municipalities

Assessment in rural area

Duty of surveyor to destroy conflicting monuments

Recovery of compensation and costs

Removal of special survey monuments

Power of Lieutenant Governor in Council to correct errors

Offence and penalty

Part 23.1 — Execution of Instruments by or on behalf of First Nations

365.1

Definition

365.2

Execution of instrument by or on behalf of First Nation

365.3

First Nation powers assumed

Part 24 — Registration of Title to Indian Lands

Definitions and

interpretation

Filing of patent

Application for registration of Indian land — general

Where application affects unregistered Indian land

If application affects registered Indian land

Other laws not to affect Torrens system

Execution of instruments

Liability limited

373.1

Not in force. Repealed.

Part 24.01 — Treaty Lands

373.11

Application of Act to treaty lands

Part 24.1 — Nisg̱a'a Lands and Categories A and B Lands

Division 1 — Treatment of Nisg̱a'a Lands and Institutions

373.2

Effect of indefeasible title to Nisg̱a'a Lands

373.21

Assignment of distinguishing letter by registrar

373.22

Requirements as to subdivision in respect of Nisg̱a'a Lands

373.23

Controlled access highways

373.3

Tender of plan for examination and approval

373.31

Matters to be considered by approving officer on application for approval

373.32

Matters to be considered in respect of land within Nisg̱a'a Lands

373.33

Acceptable descriptions of land

373.4

Dedication by reference or explanatory plan

373.41

Dedication and vesting

373.42

Designation of plans in respect of submerged lands

373.43

Repealed

373.44

Deposit of statutory right of way plan

373.5

Nisg̱a'a law to be filed if closing road or public square

373.51

Definitions for applying

Part 8

373.52

Cancellation of plans

373.53

Air space

373.6

Rights of owner of surface

373.61

Registration of debt owing to Nisg̱a'a Nation or Nisg̱a'a Village

373.62

Statutory right of way

373.63

Registration of covenant as to use and alienation

373.64

Registration of land vested under Nisg̱a'a law

373.7

Notice of tax sale or redemption of tax sale land

373.71

Effect of registration of title or leasehold interest derived from tax sale

373.72

Power of registrar to lodge caveat

Division 2 — First Registration of Title to Nisg̱a'a Lands

373.73

Plan required with application for first registration

373.8

Conclusive evidence of good safe holding and marketable title

373.81

Additions to Nisg̱a'a Lands

373.82

Execution of instruments in respect of Nisg̱a'a Lands

Division 3 — Registration of Categories A and B Lands

373.9

Requirements for first registration of Categories A & B Lands

373.91

Effect of indefeasible title to Categories A & B Lands

Part 24.2 — Cancelling Registration of Reserve Lands Registered to Canada

373.92

Cancelling registration of reserve lands registered to Canada

Part 25 — Miscellaneous

Record of names

Record of registered land

Pending applications

Searching of records

Registrar to provide certificates

Certificate as evidence

Lost or destroyed instruments

Rights of officers of taxing authorities

Powers and duties of registrar

Registrar to cancel or correct instruments, etc.

383.1

Public Agency Accommodation Act amendments

383.2

Homeowner Protection Act amendments

Preservation of registry records and plans

384.1

Records of Land Title and Survey Authority

Power to make regulations

Fees

386.1

Fees specified in

Schedule 2

386.2

Fees payable despite other enactments

Offence of fraud

Offence of false representation

Application of Offence Act

Penalties

Conviction not to affect liability

Contaminated land

Transitional

Transitional — removal of notations made under the Forest Land Reserve Act

Schedule 1

Schedule 2

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