Section 2 (b) BEFORE amended by 2023-10-897, effective March 30, 2023 (Royal Assent).
(b) the inability of a vendor to give a purchaser a legal covenant to produce and furnish copies of documents of title is not an objection to the title if the purchaser has, on the completion of the contract, an equitable right to the production of the copies that affirmatively prove his or her title.
Section 4 BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
Vendor to deliver registrable instrument
4 A person making an agreement, or assignment of an agreement, for sale of land, if the purchase price is payable by installments or at a future time, must deliver to the person buying the land an instrument in a form, executed by the parties, that allows the title of the purchaser under the instrument to be registrable under the Land Title Act.
Section 6 (1) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(1) A person who transfers land, or who makes an agreement, or assignment of an agreement, for the sale of land by which the purchase price is payable by installments or at a future time, must register his or her own title in order that a person to whom all or part of the land is transferred and a person claiming under the agreement or assignment can register their instrument under the Land Title Act.
Section 6 (1) BEFORE amended by 2023-10-898, effective March 30, 2023 (Royal Assent).
(1) A person who transfers land, or who makes an agreement, or assignment of an agreement, for the sale of land by which the purchase price is payable by instalments or at a future time, must register his or her own title in order that a person to whom all or part of the land is transferred and a person claiming under the agreement or assignment can register their instrument under the Land Title Act.
Section 12 BEFORE amended by 2011-25-426, effective November 24, 2011 (Royal Assent).
12 A husband and wife must be treated as 2 persons for the purposes of acquisition of land under a disposition made, or coming into operation, before or after this section comes into force.
Section 13 BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)
Remedy of co-owner
13 In addition to the owner's other rights and remedies, an owner who, because of the default of another registered owner, has been called on to pay and has paid more than the owner's proportionate share of the mortgage money, rent, interest, taxes, insurance, repairs, a purchase money installment, a required payment under the Strata Property Act or under a term or covenant in the instrument of title or a charge on the land, or a payment on a charge where the land may be subject to forced sale or foreclosure, may apply to the Supreme Court for relief under section 14 against the other registered owners, one or more of whom is in default.
Section 13.1 was enacted by 2009-13-248.1, effective March 31, 2014 (BC Reg 148/2013).
2009-13-248.1 was added by 2011-6-52, effective June 2, 2011.
Section 14 (1) (b) BEFORE amended by 2010-6-76, effective July 1, 2010.
(b) order that if the amount recoverable under subsection (2) is not paid by the defaulting owner, within 30 days after the date of service of a certified copy of the order on the defaulting owner or within another period the court considers proper, the defaulting owner's interest in the land be sold under the rules of court governing sales by the court;
Section 18 (5) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/10).
(5) An owner in fee simple or an owner of a registered lease or sublease may grant to himself or herself an easement or a restrictive convenant over land that he or she owns for the benefit of other land that he or she owns in fee simple, or of which he or she is the owner of a registered lease or sublease, but a grant under this subsection must be consistent with the interests held by him or her as grantor and grantee at the time of the grant.
Section 18 (5) BEFORE amended by 2012-18-72(a), effective May 31, 2012 (Royal Assent).
(5) An owner in fee simple or an owner of a registered lease or sublease may grant to himself or herself an easement or a restrictive covenant over land that he or she owns for the benefit of other land that he or she owns in fee simple, or of which he or she is the owner of a registered lease or sublease, but a grant under this subsection must be consistent with the interests held by him or her as grantor and grantee at the time of the grant.
Section 18 (1) to (5) BEFORE amended by 2023-10-900, effective March 30, 2023 (Royal Assent).
(1) A person may transfer land to himself or herself in the same manner as to another person, and, without restricting that power, a joint tenant may transfer his or her interest in land to himself or herself.
(2) A trustee or personal representative may transfer land to himself or herself in his or her personal capacity.
(3) A transfer by a joint tenant to himself or herself of his or her interest in land, whether in fee simple or by a charge, has and is deemed always to have had the same effect of severing the joint tenancy as a transfer to a stranger.
(4) A registered owner may make a transfer directly to himself or herself jointly with another, and registered owners may make a direct transfer to one or more of their number either alone or jointly with another.
(5) An owner in fee simple or an owner of a registered lease or sublease may grant to himself or herself an easement, a restrictive covenant, or a party wall agreement as defined in section 223.1 of the Land Title Act over land that he or she owns for the benefit of other land that he or she owns in fee simple, or of which he or she is the owner of a registered lease or sublease, but a grant under this subsection must be consistent with the interests held by him or her as grantor and grantee at the time of the grant.
Section 19 (1) and (2) BEFORE amended by 2023-10-901, effective March 30, 2023 (Royal Assent).
(1) In the transfer of an estate in fee simple, it is sufficient to use the words "in fee simple" without the words "and his heirs".
(2) A transfer of land to a person without words limiting the interest transferred, or to a corporation sole by his or her corporate designation without the words "successors" passes the fee simple or the greatest estate or interest in the land that the transferor has power to transfer, unless the transfer expressly provides that a lesser estate or a particular interest is being transferred.
Section 22 (2), (4) and (5) BEFORE amended by 2023-10-902, effective March 30, 2023 (Royal Assent).
(2) A person who, under a mortgage or agreement for sale, is liable, or has been required to indemnify a person who is liable, is entitled to recover the amount of his or her liability from the current owner.
(4) Subsections (2) and (3) do not apply if the current owner establishes that the current owner, or a person from or through whom the current owner derived his or her right or title to the property, was not
(a) obligated to indemnify his or her transferor, or
(b) directly liable to the mortgagee or vendor
in respect of the liability under the mortgage or agreement for sale.
(5) The liability of a current owner under subsections (2) and (3) is limited to that amount that the current owner is under an obligation to pay or indemnify his or her transferor in respect of liability under the mortgage or agreement for sale.
Section 24 (5) BEFORE amended by 2010-6-77, effective July 1, 2010.
(5) If a mortgagee or vendor under an agreement for sale fails to give approval under this section, the mortgagor or purchaser may, by originating application, apply to the Supreme Court, and the court may, if it finds that the approval has been unreasonably withheld, grant the approval, and that approval is valid as though it were given by the mortgagee or vendor.
Section 24 (1) (b) BEFORE amended by 2023-10-903(a), effective March 30, 2023 (Royal Assent).
(b) the purchaser transfers his or her interest in the agreement for sale,
Section 24 (4) BEFORE amended by 2023-10-903(b), effective March 30, 2023 (Royal Assent).
(4) A mortgagee or vendor under an agreement for sale must not unreasonably refuse to grant his or her approval under this section.
Section 27 BEFORE amended by 2023-10-904, effective March 30, 2023 (Royal Assent).
Attorney cannot sell to himself or herself
27 A sale, transfer or charge to or in favour of himself or herself by an attorney named in a power of attorney, of land owned by the principal and purporting to be made under the power of attorney, is not valid unless the power of attorney expressly authorizes it or the principal ratifies it.
Section 27.1 (1) and (2) BEFORE re-enacted by 2007-34-104, effective September 1, 2011.
Validity of sale, transfer or charge by representative to self
27.1 (1) In this section:
"representation agreement" means an agreement made under the Representation Agreement Act;
"representative" means a person named in a representation agreement as a representative or alternate representative.
(2) A sale, transfer or charge to or in favour of a representative by the representative of land owned by the adult who made a representation agreement and purporting to be made under the representation agreement is not valid unless the sale, transfer or charge is expressly authorized by that agreement.
Section 28 (2) BEFORE amended by 2023-10-905, effective March 30, 2023 (Royal Assent).
(2) Despite the Land Title Act, after October 30, 1979, further advances made by a registered owner of a mortgage contemplated by and in accordance with the mortgage rank in priority to mortgages and judgments registered after his or her mortgage was registered if
(a) the subsequent registered mortgagees or judgment holders agree in writing to the priority of the further advances,
(b) at the time the further advances are made, he or she has not received notice in writing of the registration of the subsequent mortgage or judgment, from its owner or holder,
(c) at the time the further advances are made, the subsequent mortgage or judgment has not been registered, or
(d) the mortgage requires him or her to make the further advances.
Section 29 BEFORE amended by 2023-10-906, effective March 30, 2023 (Royal Assent).
Mortgage subject to registered interests
29 A registered owner in fee simple whose title is subject to a registered right or option to purchase, or a registered owner of a right to purchase who has created or given a subright to purchase that is registered, unless otherwise expressly agreed in the instruments creating the right, option or subright, may mortgage his or her interest in the land, subject to the prior registered interests.
Section 30 BEFORE amended by 2023-10-907, effective March 30, 2023 (Royal Assent).
Effect of mortgage by purchaser
30 Until it is discharged, a mortgage by a purchaser or subpurchaser of his or her interest under an agreement for sale of land or subagreement for sale of land charges the present and future interest in land acquired by him or her under the agreement or subagreement, unless otherwise expressly provided in the mortgage.
Section 34 (1) (part) BEFORE amended by 2018-23-10(a), effective May 31, 2018 (Royal Assent).
(1) The owner of a dwelling house on one parcel of land may apply to the Supreme Court for an order permitting the owner to enter adjoining land to carry out repair or work if
Section 34 (1) (a) BEFORE amended by 2018-23-10(b), effective May 31, 2018 (Royal Assent).
(a) the dwelling house is so close to the boundary of the other parcel that the owner of the dwelling house cannot repair or work on the part of the dwelling house that adjoins the boundary without entering the adjoining land, and
Section 34 (2) (b) BEFORE amended by 2018-23-10(c), effective May 31, 2018 (Royal Assent).
(b) that the owner of the dwelling house must compensate the adjoining owner for damage caused by the owner of the dwelling house or the owner's servants, agents and contractors, in an amount to be determined by the court if the owners cannot agree;
Section 39 BEFORE amended by 2023-10-908, effective March 30, 2023 (Royal Assent).
Citizenship
39 (1) A person who is not a Canadian citizen has the same capacity to acquire and dispose of land in British Columbia as if he or she were a Canadian citizen.
(2) A person must not be disturbed in the possession or precluded from the recovery of land in British Columbia merely because of the citizenship or lack of citizenship of some person from or through whom he or she may derive title.
Section 40 BEFORE amended by 2003-53-169, effective July 8, 2004 (BC Reg 317/2004).
40 If a vendor of real property fails to provide a site profile to a purchaser under section 26.1 (7) of the Waste Management Act, the purchaser may exercise any remedies under the common law or under the regulations.
Section 42 was enacted by 2022-12-1, effective January 3, 2023 (BC Reg 175/2022 as amended by BC Reg 220/2022).