Land Survey or Building Location Certificate in British Columbia?

If you have moved from Alberta, you may have heard of a Real Property Report, a document that shows where buildings sit on a lot. In British Columbia, a title and a survey-based document do different jobs, so it helps to know what each one covers and to ask your lawyer or surveyor what a particular document is called and what it shows.

This article explains what the land title register does and does not tell you, why a survey can still matter, and how to find out whether one is needed for your purchase or your project.

This article covers the law of British Columbia.

What the BC register shows

A title shows the registered owner or owners in fee simple, the legal description, the PID, and the charges, liens and interests registered against the property. It reflects the register at a specific point in time.

The best way to search for a title 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 look it up in ParcelMap BC, in BC Assessment's Assessment Search, or on a property tax notice.

Why a survey document can still matter

A title describes the land and what is registered against it, but it does not tell you where the fence, the garage or the addition sits in relation to the lot lines or to a registered charge. A survey-based document is the kind of record people use to answer that question. If you are unsure what a given certificate would show, ask the surveyor or your lawyer before you order it.

Registered charges are the reason location can matter. For example:

• A statutory right of way is a charge on the land in favour of the grantee, and its terms bind and benefit the grantor, the grantee and their successors in title unless a contrary intention appears.
• If a statutory right of way covers only part of the land, the registrar endorses only that portion. If it includes access rights over all of the land, it is registered against the whole property unless the applicant applies for two rights of way.
• A section 219 covenant about use or building can be registered against title and is enforceable against the covenantor and successors in title.
• An easement is created by a registered instrument or shown on a registered plan.

If a building crosses a boundary or sits on a registered charge, that can become a problem to sort out before or after a sale.

Encroachments and fixing problems

In encroachment cases, the court may grant an easement under Property Law Act s. 36. Separately, a person interested in land may apply to the Supreme Court to modify or cancel an easement, statutory right of way or covenant, on grounds such as the charge being obsolete or reasonable use of the land being impeded without practical benefit to others.

These are legal steps with their own tests, and they are not quick. If a survey shows an issue, speak to a lawyer before assuming it can be fixed.

When a lender or insurer may ask for one

Whether a mortgage lender or title insurer asks for a survey or building location certificate depends on that lender or insurer, the type of property and the terms of your contract. There is no single rule that applies to every purchase. Your lawyer or notary will usually tell you what the lender requires once the mortgage instructions arrive.

What to do next

• Get the PID and order a current copy of the title.
• Read each registered charge and note where it sits on the land.
• Ask your lawyer or notary whether your contract, lender or insurer requires a survey or location certificate.
• Ask for an older certificate or plan from the seller, and ask whether it still matches the property.
• Arrange any survey early so it does not delay completion.

Frequently asked questions