When you are looking for a new home or an investment property, you will start by looking at the location and the appearance of the property. But have you thought about the legal status of it and see if there anything on “title” that might affect the property?
In British Columbia, under the Torrens Land Title system, all charges affecting title must be registered on title. There are generally two parts that you can see the legal status of the title: Legal Notations and Charges, Liens and Interests.
Under the section called Legal Notations you will find references to documents and legislation that affect title but are not directly charging title. For example, if the property is in the flight path of an airport, you might see a charge that says the property is subject to the Aeronautics Act. Other common notations may make references to
In the section called Charges, Liens and Interests you will find charges that directly affect title. There are two types of charges:
Charges with a notation of “inter alia” apply to more than one property – this is common in strata developments where the charge is registered with each until and applies to the entire complex.
It is important to review the title with a BC Notary or a lawyer, as these charges and interests on title might and can affect the use or value of the property. If you need to obtain more information about any of the charges on title, we can help you to order a copy from the Land Title Office.
A bit about myself. I am a member of the British Columbia Notaries Public Society. I want to answer some of the most common questions that my clients have through my blog. Hope you find it useful.