What is a title search??

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

• The Municipal Act (now the Local Government Act)
• Annexed easement over lot
• The Agricultural Land Commission Act (now Land Reserve Act)

In the section called Charges, Liens and Interests you will find charges that directly affect title.    There are two types of charges:

• Financial charges, such as mortgages, assignment of rents, judgements, builder’s liens, and certificates of pending litigation;
• Non-financial charges, which include covenants, easements, statutory building schemes, priority agreements etc.  The charges on title show the interests which other people, governments, utilities or other organizations have in your property.

​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.