Title searches

How BC law treats it

BC uses a Torrens land title system under the Land Title Act. The register, not a chain of past deeds, determines title: under section 23 an indefeasible title is conclusive evidence that the registered owner holds the estate, subject to registered charges and limited statutory exceptions. A title search therefore reviews the current state of title rather than its history. A search result shows the parcel identifier (PID) and legal description, the registered owner, and registered charges, liens and interests. These can include mortgages, assignments of rents, statutory rights of way, easements, section 219 covenants, claims of builders lien, judgments and certificates of pending litigation. It also shows pending applications that have been filed but not yet registered, which a buyer or lender must account for. Some interests bind the land without appearing on title. Section 23(2) lists exceptions, including unpaid property taxes and certain short leases where the tenant is in actual occupation. A full due diligence review therefore adds a tax certificate, a survey or site review, zoning checks and copies of the registered charge documents. The Land Owner Transparency Registry is a separate register of beneficial owners and is searched separately.

What it means for your business

A title search is the first step in buying, leasing or lending against BC land. It tells a buyer what must be discharged before completion, tells a tenant whether a mortgage lender could take priority over its lease, and tells a lender whether its mortgage will rank first. Searching again just before closing catches new liens or judgments filed after the first search. Example: Before lending to a Langley warehouse owner, a private lender orders a title search and finds a claim of builders lien registered by a roofing contractor. The lender requires the lien to be cleared, or funds held back, before advancing.

Risks and common mistakes

Reading only the charge list without obtaining and reviewing the registered documents behind each charge. Failing to run a fresh search immediately before completion or funding. Overlooking pending applications that will register ahead of your transaction. Assuming everything that affects the land is on title, ignoring property taxes and short leases. Confusing a land title search with a Land Owner Transparency Registry search or a company search.