Added: Josuha Legg - Date: 02.02.2022 23:26 - Views: 40124 - Clicks: 8324
View Complete Statute. Division 3 — Certificate of Pending Litigation.
Division 4. Registration of charges 1 On being satisfied from an examination of an application and any instrument accompanying it that the applicant is entitled to be registered as the owner of a charge, the registrar must register the charge claimed by the applicant by entering it in the register. Registration of person creating charge An instrument purporting to create a charge on land executed by a person who is entitled to be registered as owner of the fee simple must not be registered unless that person has first been registered as the owner of the fee simple.
Registration of subcharges An instrument purporting to create a charge by way of a submortgage or other subcharge of any kind must not be registered unless the charge on which the submortgage or subcharge depends has first been registered. No subright to purchase registrable A subagreement for sale by the registered owner of a right to purchase land or of a subright to purchase land, entered into after October 30,is not registrable. Registration of asment of charge If the person purporting to as a charge is alive and entitled to be registered as the owner, the person to whom the asment purports to be made must not be registered under the charge unless the person so purporting to as it is first registered as the owner of the charge.
Repealed [Repealed Floating charges on land 1 In this section: "circular priority" means the situation where 3 or more competing charges have been registered against the same parcel of land and the application of subsections 9 and 10 le to a priority relationship among them in which each charge is subordinate in priority to at least one of the other charges; "crystallized"with reference to a floating charge, means a charge that has fixed on specific land in accordance with the applicable law and the terms of the instrument in which the charge is created; "financing statement" has the same meaning as in the Personal Property Security Act ; "floating charge" means a charge that secures the payment or performance of an obligation and that does not become a fixed charge on specific land until the occurrence of an event, stipulated in the instrument that created the floating charge.
Registration of debt to the government as a charge There may be registered in the same manner as a charge is registered, a debt owing to the government against the land of a debtor to the government, but no debt owing to the government affects land of a debtor to the government unless it is registered.
Writ of affecting land 1 A sheriff, after delivery to him or her of a writ affecting land may, on behalf of the Crown for the purpose of enforcing or recovery of a debt due to the Crown, apply to register, in the same manner as a charge is registered, a copy of the writ against the title to the land registered in the name of the debtor.
Registration of transfer, extension or modification of charges 1 On application being made for registration of a transfer, extension or modification of a charge, the registrar, on being satisfied that all necessary parties have ed in it, must register the transfer, extension or modification by endorsing it in the register as a separate entry or as a note against the original entry or both, using the and date of the application for registration and an appropriate symbol or abbreviation indicating the nature and effect of the instrument registered.
Form of postponement 1 A registered owner of a charge, in this section referred to as the "prior charge", may postpone that person's rights under it by executing an instrument in the form approved by the director or in another form that may be acceptable to the registrar and, when in the approved form and registered, the instrument operates to postpone that person's rights to those of the registered owner of the subsequent charge deated in the instrument in the same manner and to the same extent as if the prior charge had been registered immediately after the registration of the subsequent charge.
Certificates of charge 1 After the registration of a charge, the registrar must, if requested by the owner of it, issue to the owner a certificate of charge in the appropriate form approved by the director, and make an endorsement of its issue in the register. Transfer of mortgage A transfer of a mortgage may be in the form approved by the director and, when in the approved form and registered, operates to transfer the following to the transferee: a the mortgage; b the benefit of all collateral securities and the right to call for an express asment of them; c the right to demand, sue for, recover and give receipts for the mortgage money or the unpaid part of it, and the interest then due or to become due on it, if any; d the full benefit of and the right to sue on the covenants with the mortgagee, and the right to exercise the powers of the mortgagee.
Registration of judgments in same manner as charge 1 An application to register a judgment or to renew the registration of a judgment a must be made in the same manner as an application to register a charge is made, b must comply with Part 5 of the Court Order Enforcement Actand c must not be entered in the register of judgments.
Registration of asment of judgment and form of asment 1 If an asment of a registered judgment is not prohibited by law, the registrar may, on application, effect registration of the asment by making an endorsement of it in the register in the manner approved by the director. Notice to judgment creditor of intention to register 1 If an application is made to register an instrument under which the applicant claims a registration as an owner of an estate in fee simple or an estate or interest by way of charge, or b cancellation of a charge registered against the title to the applicant's land, and there is a judgment registered against c the grantor of the fee simple, d the person who created the estate or interest to be registered as a charge, or e the holder of the charge to be cancelled, the registrar may, despite section 86 3 c of the Court Order Enforcement Actif the applicant claims priority to the judgment, serve a notice in the form approved by the director on the judgment creditor.
Costs on failure to establish priority If proceedings referred to in section 3 taken by the judgment creditor fail, because of a court finding that the instrument under which the applicant for registration or cancellation is claiming is entitled to priority over the judgment creditor's registered judgment, the court may a dismiss the proceedings without costs, or b allow costs to the judgment creditor if, in the opinion of the court, the judgment creditor was justified under the circumstances in requiring the applicant to have judicially established that the instrument was in good faith and validly executed.
Form of release A release of a judgment may be in the form approved by the director and must be witnessed and the execution proved in the manner required by Part 5.
Registration of certificate of pending litigation in same manner as charge 1 A person who has commenced or is a party to a proceeding, and who is a claiming an estate or interest in land, or b given by another enactment a right of action in respect of land, may register a certificate of pending litigation against the land in the same manner as a charge is registered, and the registrar of the court in which the proceeding is commenced must attach to the certificate a copy of the pleading or petition by which the proceeding was commenced, or, in the case of a certificate of pending litigation under Part 5 of the Court Order Enforcement Acta copy of the notice of application or other document by which the claim is made.
Effect of registered certificate of pending litigation 1 After registration of a certificate of pending litigation, the registrar must not make any entry in the register that has the effect of charging, transferring or otherwise affecting the land described in the certificate until registration of the certificate is cancelled in accordance with this Act.
Effect of certificate of pending litigation if prior application is pending 1 The registrar may, despite sectionmake an entry in the register to complete the registration of an indefeasible title or charge that was applied for before an application to register a certificate of pending litigation was received by the registrar. Statutory right of way 1 A person may and is deemed always to have been able to create, by grant or otherwise in favour of a the Crown or a Crown corporation or agency, b a municipality, a regional district, the South Coast British Columbia Transportation Authority, a local trust committee under the Islands Trust Act or a local improvement district, c a water users' community, a public utility, a pulp or timber, mining, railway or smelting corporation, or a pipeline permit holder as defined in section 1 2 of the Oil and Gas Activities Actor d any other person deated by the minister on terms and conditions that minister thinks proper, an easement, without a dominant tenement, to be known as a "statutory right of way" for any purpose necessary for the operation and maintenance of the grantee's undertaking, including a right to flood.
Registration of covenant as to use and alienation 1 A covenant described in subsection 2 in favour of the Crown, a Crown corporation or agency, a municipality, a regional district, the South Coast British Columbia Transportation Authority, or a local trust committee under the Islands Trust Actas covenantee, may be registered against the title to the land subject to the covenant and is enforceable against the covenantor and the successors in title of the covenantor even if the covenant is not annexed to land owned by the covenantee.
Statutory building scheme and letting scheme 1 If a registered owner in fee simple intends to sell or lease or a registered lessee intends to sublease 2 or more parcels and to impose restrictions consistent with a general scheme of development, the registered owner may register a Declaration of Creation of Building Scheme in the form approved by the director, herein referred to as the declaration of building scheme, as a charge against the land defined in the declaration of building scheme.
Requirements of registrable restrictive covenant 1 The registrar must not register a restrictive covenant unless a the obligation that the covenant purports to create is, in the registrar's opinion, negative or restrictive, b the land to which the benefit of the covenant is annexed and the land subject to the burden of the covenant are both satisfactorily described in the instrument creating the covenant, and c the title to the land affected is registered under this Act. Discriminating covenants are void 1 A covenant that, directly or indirectly, restricts the sale, ownership, occupation or use of land on of the sex, race, creed, colour, nationality, ancestry or place of origin of a person, however created, whether before or after the coming into force of this section, is void and of no effect.
Subdivision of dominant tenement 1 If a dominant tenement is subdivided in whole or in part, on the deposit of a plan of subdivision a the benefit of a registered appurtenant easement is annexed to each of the new parcels shown on the plan, b the burden of the easement is increased accordingly, even though the owner of the servient tenement has not consented to the increase, and c the easement continues to be annexed to the remainder, if any, of the dominant tenement, unless the instrument creating the easement expressly provides otherwise, or the subdivider deates on the plan the parcel or a part of the land to which the benefit does not attach.
Definitions Binding effect Definition In this Division, "terms" includes covenants, conditions, representations, warranties, grants and asments. Form of mortgage 1 A mortgage of an estate or interest in land must comply with this section unless a another enactment requires a mortgage to be in a form different from that required by this section, or b the registrar considers it would be proper to accept another form of mortgage for registration. Modification of standard terms 1 If Part 2 of the mortgage consists of the set of standard mortgage terms prescribed under section or a set of standard mortgage terms filed under sectionthe set may be modified by making additions, amendments or deletions.
Prescribed standard mortgage terms 1 The Board of Directors may prescribe one set of standard mortgage terms for the purposes of a this Division, and b adoption under section 5 a. Filed standard mortgage terms 1 A person, other than the director, who wishes to file a set of standard mortgage terms for purposes of adoption under section 5 bmust make application to a registrar, accompanying the application with the proposed set of standard mortgage terms.
Receipt of standard mortgage terms by mortgagor 1 If Part 2 of a mortgage consists of a set of standard mortgage terms referred to in section 5 a or bthe mortgagee or the mortgagee's agent must, at or before the time the mortgage is executed, a give a true copy of the standard set together with a statement of additions, amendments or deletions referred to in section 2if any, to each person comprising the mortgagor, and b obtain an acknowledgement from each of those persons that the copy and statement have been received.
Registrar may require filing 1 If the registrar considers a that a mortgagee makes frequent use of similar mortgage terms referred to in section 5 cand b that it would be appropriate to file the mortgage terms as a set under sectionthe registrar may, on terms the registrar considers advisable, order the mortgagee to file the frequently used mortgage terms as a set of standard mortgage terms under section Effect of a mortgage 1 Subject to other applicable provisions of this Act being complied with, a mortgage that complies with this Division operates to charge the estate or interest of the mortgagor to secure payment of the debt or performance of the obligation expressed in it, whether or not the mortgage contains words of transfer or charge subject to a proviso for redemption.
Definitions and application 1 In this Division: "interest" means an interest in land that is recognized under law and that is registrable under this Act; "terms" includes covenants, conditions, representations, warranties, grants and asments. Form of general instrument 1 An instrument to which this Division applies must comply with this section unless a another enactment requires a general instrument to be in a form different from that required by this section, or b the registrar considers it would be proper to accept another form of general instrument for registration.
Modification of standard terms of general instrument 1 If Part 2 of a general instrument consists of a set of standard charge terms filed under sectionthe set may be modified by making additions, amendments or deletions. Filed standard general instrument terms 1 A person, other than the director, who wishes to file a set of standard charge terms for purposes of adoption under section 6must make application to the registrar, accompanying the application with the proposed set of standard charge terms.
Effect of a general instrument Subject to other applicable provisions of this Act being complied with, a general instrument that complies with this Division has effect in accordance with its terms. Release of registered charge 1 Part 1 of a general instrument must be used to release a charge from land. Disclaimer.No registration sex in Surrey
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