How the Torrens Title System Works in British Columbia

Many people picture land ownership as a pile of old deeds. British Columbia works differently. Ownership is recorded on a central register, and the title is the starting point for who owns what.

This approach is commonly called the Torrens system. This article explains the idea in plain terms, what the register protects, and what can happen when something goes wrong.

This article covers the law of British Columbia.

Title registration in plain words

Instead of tracing every past deed to prove ownership, the system asks you to look at one record, the title. The land title office keeps it, and the Land Title and Survey Authority operates the system.

A title shows the registered owners in fee simple, the legal description, the PID, and the charges, liens and interests registered against the property. It does not show past owners. It reflects the register at a specific point in time.

What indefeasible title means

Under Land Title Act s. 23(2), an indefeasible title, while in force and uncancelled, is conclusive evidence at law and in equity of the registered owner's title. That is why buyers and lenders rely on the register.

This protection has listed exceptions, such as existing grant conditions, highways, and fraud in which the registered owner participated. So "indefeasible" does not mean nothing can ever challenge a title.

Charges and interests on title

Other people's rights in your land can be registered on your title. Common examples include:

• A statutory right of way, which is an easement without a dominant tenement, for purposes needed to operate and maintain the grantee's undertaking. It may be granted to bodies such as the Crown, municipalities and public utilities.
• A section 219 covenant about use of land, building, subdivision and separate sale, which is enforceable against the covenantor and the covenantor's successors in title.
• An easement, created by a registered instrument or shown on a registered plan, where the dominant tenement is the land that benefits.
• A registered judgment, which from registration forms a lien and charge on the judgment debtor's land. It stops being a lien after 2 years unless it is renewed before the 2 years end.
• A certificate of pending litigation, which can be registered by a person who is a party to a proceeding claiming an estate or interest in land.

Registering a charge is not a determination by the registrar that it is enforceable. Whether a covenant or other charge is valid is a separate question that may need legal advice.

When something goes wrong on the register

The registrar may cancel or correct an instrument or endorsement issued in error, or one that contains a misdescription, so far as practicable and without prejudicing rights acquired in good faith and for value.

There are limits. The registrar acts only on the material in the records and cannot decide contested rights, which can only be decided by an action in court. A correction that would prejudice a good-faith purchaser or lender is not permitted.

A misspelled owner name is corrected through a legal professional using the Amendment to Title Owner Name application, and a statutory declaration and the owners' consents may be needed. A genuine change of name goes through a Form 17 Charge, Notation or Filing with Change of Name selected.

If an old easement or covenant no longer makes sense, a person interested in the land may apply to the Supreme Court to modify or cancel it under Property Law Act s. 35(1). The court may do so on listed grounds, for example where the charge is obsolete or reasonable use of the land is impeded without practical benefit to others.

What to do next

• Order a current copy of your title and read every registered charge.
• Ask your lawyer about any covenant or right of way you do not understand.
• Remember that a section 219 covenant cannot be discharged by the landowner alone.
• If you spot an error, speak to a lawyer before applying, since the right route depends on the type of error.

Frequently asked questions