Unregistered land

Unregistered land is land whose title is not recorded in a land title register. In BC this is rare, because BC uses a Torrens land title system in which virtually all privately owned land is registered with the Land Title Office. The more practical issue is unregistered interests, such as leases or agreements that have not been registered against title.

How BC law treats it

Under the Land Title Act, RSBC 1996, c 250, s. 20, an unregistered instrument does not pass an estate or interest in land against third parties, although it can bind the parties to it, and indefeasible title protects registered owners. Section 23(3) bars acquiring title to registered land by adverse possession, and Crown land is administered under the Land Act.

What it means for your business

Register important interests in land, such as long term leases, options and charges, to protect them against buyers and lenders.

Risks and common mistakes

An unregistered option or lease may be defeated if the owner sells or mortgages the property to someone else.

For the full explanation, see our entry on Land title.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.