Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests
March 7, 2011
BY Alison Taylor
BCLI has issued the first in a series of reports that will be published in connection with Phase 2 of the Real Property Reform Project. The Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests is concerned with resolving uncertainty resulting from conflicting lines of authority on whether registration under the Land Title Act of British Columbia will confer priority over a competing unregistered interest if the holder of the registered interest had actual notice of the unregistered interest beforehand.
Vancouver City Savings Credit Union v. Serving for Success Consulting Ltd., 2011 BCSC 124 was decided in February 2011 after this report was written. In the judgment, the trial court commented upon the existence of two arguably divergent lines of authority on the effect of actual notice of an unregistered interest under British Columbia’s land title system. The analysis of the present state of the law in the judgment coincides substantially with the analysis in our report. The report contains recommendations for amendments to the Land Title Act intended to resolve an uncertainty in British Columbia law that has persisted for well over a century because of differing interpretations at the trial level of the effect of a key provision of the Act.
To read the report, click here.
