Consultation Paper on Section 29 (2) of the Land Title Act and Notice of Unregistered Interests

Abstract

This is the first consultation paper issued by the British Columbia Law Institute (BCLI) in connection with Phase 2 of the Real Property Reform Project, a law reform initiative funded by The Law Foundation of British Columbia, the Notary Foundation, and the Real Estate Foundation of British Columbia. In Phase 1, a preliminary scoping study conducted with the aid of an advisory committee, BCLI identified a number of aspects of real property law in British Columbia in need of reform. One of these was the uncertainty arising from conflicting interpretations of section 29 (2) of the Land Title Act. Uncertainty surrounding the effect of section 29 (2) complicates dealings with land in British Columbia and raises the level of risk and expense associated with them.

The consultation paper is divided into five chapters. Chapter I is a general introduction. Chapter II explains the fundamentals of British Columbia’s Torrens system. Chapter III analyzes section 29 (2) of the Land Title Act and the competing lines of case authority concerning that provision. Chapter IV describes the various alternatives that were considered, sets out the tentative recommendations of the Project Committee summarized above, and explains the reasons for them. Chapter V contains a list of the tentative recommendations.

Keywords: land, real property, housing, tenancy & neighbours, Land Title Act, Property Law Act, joint tenancy, severance, incorporeal interests, restrictive covenant, implied grant, easement, right of way