How Do I Correct an Error on My Property Title in BC?
This answer covers the law of British Columbia.
Whether the LTSA can fix an error on your title depends on what kind of error it is. A misspelled owner name is corrected through a legal professional using the 'Amendment to Title Owner Name' application, which is for typos or administrative errors, and a statutory declaration and the consents of the registered owners may be needed. A genuine change of name goes through a Form 17 Charge, Notation or Filing with 'Change of Name' selected, supported by original legal documents.
The registrar may cancel or correct an instrument issued in error or one that contains a misdescription, but only so far as practicable and without prejudicing rights acquired in good faith and for value. The registrar acts only on the records and cannot decide contested rights, which can only be decided by an action in court, and there is no appeal under s. 309 from a refusal to use that discretion.
An outdated or unwanted charge is different. A person interested in land may apply to the Supreme Court to modify or cancel an easement, statutory right of way or covenant, for example where it is obsolete or the benefited parties agreed. A lawyer can confirm which route fits your situation.
Key takeaways
- A misspelled owner name is corrected through a legal professional using the 'Amendment to Title Owner Name' application, and a statutory declaration and owner consents may be needed.
- A genuine change of name uses a Form 17 Charge, Notation or Filing with 'Change of Name' selected, supported by original legal documents.
- The registrar cannot decide contested rights and will not make a correction that would prejudice a good-faith purchaser or lender.
- To modify or cancel an easement, statutory right of way or covenant, a person interested in land may apply to the Supreme Court, which may require compensation to anyone damaged.