- A judgment entered in BC can be registered against a debtor's land, and from registration it forms a lien and charge on that land.
- A registered judgment stops being a lien or charge after 2 years unless it is renewed before the 2 years end.
- If you are not the judgment debtor and only share a name, the registrar investigates, and the creditor has 21 days to appeal if the registration is to be cancelled.
Finding a court judgment on the title to your home can be alarming. It can affect your ability to sell or refinance, and many people first learn about it when a lawyer, lender or buyer raises it. Others simply worry that a creditor could do this to them.
This article explains in plain terms how a judgment gets onto a BC land title, how long it stays there, what to do if it was registered against the wrong person, and how to check your own title. Your situation may have details that change the picture, so a lawyer can confirm how this applies to you.
This article covers the law of British Columbia.
How a judgment ends up on your title
Under the Court Order Enforcement Act, a judgment entered in BC may be registered against the title to specified land. From registration, it forms a lien and charge on the judgment debtor's land. The creditor registers it by making an application under the Land Title Act.
In everyday terms, this means a creditor who has won a money judgment against a person can have that judgment attached to land the person owns. A title shows the charges, liens and interests registered against the property, so a registered judgment is something a title search can reveal. What it means for a particular sale, refinancing or dispute depends on your situation, so it is worth confirming with a lawyer.
One limit applies. A judgment cannot be registered against unsurveyed Crown land, or against Crown land that is not under the Land Title Act.
Registered does not always mean enforceable
Registration is an administrative step. Under Land Title Act s. 26(2), registering a charge is not a determination by the registrar that the charge is enforceable. So the presence of a judgment on a title tells you that someone filed it, not that every question about it has been settled.
If you think a registered judgment is wrong, out of date or does not belong to you, a lawyer can help you work out which route fits your facts.
How long a registered judgment lasts
A registered judgment stops being a lien or charge on the debtor's land after 2 years, unless it is renewed before those 2 years end. Renewal can be made at any time before the end of the 2 years.
This is a general rule for the ordinary registered judgment. Judgments described as non-expiring are treated differently, so do not assume the 2-year rule applies to every judgment you see. Check the wording on the title and ask a lawyer if it is unclear.
- Note the date the judgment was registered.
- Look for any sign that it has been renewed.
- Do not assume an old entry has lapsed without confirming it.
If the judgment is against someone with your name
Sometimes a judgment is registered against a property because the owner's name matches the debtor's, even though they are different people. If you dispute that you are the judgment debtor, the registrar investigates under s. 89 of the Court Order Enforcement Act.
If the registrar finds you are not the debtor, the registration is cancelled unless the creditor appeals to the Supreme Court within 21 days. The creditor must then pay you $25 for expenses, and you may seek further compensation if the creditor registered without reasonable cause.
| Step | What happens |
|---|---|
| You dispute being the debtor | The registrar investigates under s. 89 |
| Registrar finds you are not the debtor | Registration is cancelled unless the creditor appeals within 21 days |
| After cancellation | Creditor pays $25 for expenses; further compensation may be sought if registered without reasonable cause |
Checking your title and what to do next
To confirm whether a judgment is registered, order a copy of the title. The LTSA says the best way to search is with the nine-digit Parcel Identifier (PID), and a civic address cannot be used to search. If you do not have the PID, you can find it in ParcelMap BC, in BC Assessment's Assessment Search, or on a property tax notice.
To see the contents of a title you must order a copy, and a fee applies. A single-user LTSA Explorer account (myLTSA) suits people who order only a few records a year. A title shows the charges, liens and interests registered against the property, and it reflects the register at a specific point in time. The LTSA does not process title searches by phone or email. Confirm the current fee on the LTSA fee page, as fees change.
- Find your PID on a property tax notice or in ParcelMap BC.
- Order a title copy through myLTSA.
- Read the charges section for any judgment and note its date.
- Check whether the name on the judgment is really yours.
- Speak with a lawyer before contacting the creditor or the registry about a dispute.
Frequently asked questions
Can a creditor put a judgment on my home without telling me?
The registration is made by application under the Land Title Act. Whether and how you would be told depends on the circumstances, so the safest step is to order a title copy and check what is registered. A lawyer can advise on your situation.
Does a registered judgment last forever?
Generally no. A registered judgment stops being a lien or charge after 2 years unless it is renewed before the 2 years end. Non-expiring judgments are treated differently, so check the details.
What if I am not the person named in the judgment?
You can dispute that you are the judgment debtor, and the registrar investigates under s. 89. If the registrar finds you are not, the registration is cancelled unless the creditor appeals to the Supreme Court within 21 days.
Can I search my title by phone or by street address?
No. A civic address cannot be used to search, and the best way is the nine-digit PID. The LTSA does not process title searches by phone or email.
Sources
- LTSA – Search for a title — ltsa.ca
- BC Laws – Land Title Act (Part 10 incl. s. 219) — bclaws.gov.bc.ca
- BC Laws – Court Order Enforcement Act — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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