Chapter 04 : Title Registration in British Columbia Flashcards
Title Registration in British Columbia
What is a certificate of pending litigation and what is its purpose?
A certificate of pending litigation is a notice of a pending court action registered against the title to property. Its purpose is to warn all persons that the title to the property is in litigation and to prevent dealings with respect to the property.
What is the Assurance Fund and who was it established by?
The Assurance Fund was established by the BC provincial government to compensate any person who is deprived of land because of the operation of the Land Title Act in certain cases where fraud has been committed, a mistake has been made, or an improper act has been performed by the Registrar of Titles or his/her employees.
The Contaminated Sites Registry is totally separate from the Torrens system of title registration.
(1) True
(2) False
(1) True
Define the Torrens land registration system.
The Torrens land registration system is a system for registration of the actual title to land in order to provide security to those holding interests in land and to remove the need for retrospective investigation of titles to land.
A ________ is an individual or business entity in whose name the property subject to the trust is held.
A trustee is an individual or business entity in whose name the property subject to the trust is held.
Which of the following is true regarding a deed?
(1) A deed is the legal term for the granting of a lease.
(2) A deed is a document used to transfer land from one party to another.
(3) A deed is the part of a corporation’s after-tax income that is distributed to shareholders.
(4) A deed is a limited right of use of another’s land by a landowner for the benefit of his or her land.
(2) A deed is a document used to transfer land from one party to another.
What is a caveat?
A caveat is a notice registered against the title to land warning those looking at the title that a claim with respect to an estate or interest in that land has been made.
In order to move a manufactured home, the Manufactured Home Act requires that the home be ________ and a ________ permit is obtained from the registrar.
In order to move a manufactured home, the Manufactured Home Act requires that the home be registered and a transport permit is obtained from the registrar
Define the legal principle of indefeasibility.
In BC, subject to certain statutory exceptions, the Title Register is conclusive evidence that the person named as holding an estate in land is in fact entitled to that interest, and his holding is not subject to any condition or encumbrance other than those shown on the Title Register.
What is a builders’ lien?
A builders’ lien is a claim registered against the title to land by a contractor, supplier of materials or workman with respect to work done or materials supplied to improve that land.