ParcelMap BC classification rules for ‘Road’ parcels with an associated title have changed to reflect the parcel’s status in the Land Title Register. Limiting the classification of ‘Road’ parcels in ParcelMap BC to those that have been formally dedicated as road will provide assistance to users in determining the legal status of the road. Coming soon, several thousand parcels in ParcelMap BC will be updated to address this reclassification.
Background
Historically, parcels that may have been used for transportation though not formally dedicated as roads were classified as ‘Road’ parcels in ParcelMap BC, resulting in questions regarding their legal status as ‘Road’ parcels. Upon review, the classification of ‘Road’ parcels in ParcelMap BC will now be limited to those parcels that have been formally dedicated as road.
In the context of this document, “formally dedicated” refers to the vesting of title for the purposes of road. In instances where a road has been legally established, but steps have not been taken to reflect the establishment in land title records, the road is not considered “formally dedicated”.
Filing Types That Formally Dedicate Roads
Primarily, roads are formally dedicated via their depiction as highway, road or lane on a subdivision or reference plan, submitted under s. 107 of the Land Title Act. Pursuant to s. 107, indefeasible titles are not registered for roads dedicated via their depiction on subdivision or reference plans. Similarly, roads are also formally dedicated under s. 115 of the Land Title Act via the submission of a Form 12 (Certificate as to Highway in Statutory Right of Way Plan) and related Statutory Right of Way plan. Pursuant to s. 115, indefeasible titles are not registered for roads dedicated via the submission of a Form 12 and Statutory Right of Way plan.
The following describes three scenarios for roads formally dedicated or established via a filing in the Land Title Office where, unlike ss. 107 and 115, an indefeasible title is registered and endorsed with a reference to the dedication or establishment:
- Parcels established as road/lane pursuant to council resolutions under the Vancouver Charter, that are identified via an “Established as Road/Lane, see ___” legal notation endorsement on title
- Parcels transferred to the government for highway purposes pursuant to s. 99(1)(f) of the Land Title Act, that are identified via a legal notation endorsement on title that references s. 99(1)(f)
- Parcels under s. 35(11) of the Community Charter, where a title is raised for the road to provide for the registration of an easement related to buildings encroaching onto the road, that are identified via a “For Road Purposes Only” legal notation endorsement on title
Filing Types That Do Not Formally Dedicate Roads
Filings such as municipal bylaws or gazette notices do not formally dedicate titled lands as road, notwithstanding titles may include an endorsement that refers to a municipal bylaw or gazette notice related to road.
Legislative requirements include additional steps to be taken to formally dedicate as road those parcels whose titles include an endorsement that refers to a municipal bylaw or gazette notice related to road, and to vest the dedicated lands in the government.
The relevant local government should be contacted for feedback on the required next steps to formally dedicate parcels whose titles include an endorsement that refers to a municipal bylaw related to road. Similarly, the Ministry of Transportation and Highways should be contacted to arrange for the submission of a Form 12 and Statutory Right of Way plan to formally dedicate parcels whose titles include an endorsement that refers to a provincial gazette establishing road.
Parcels Classified as Road Parcels
Parcels in ParcelMap BC will only be classified as ‘Road’ where the effect of a filing in the Land Title Office formally dedicated the lands as road or when roads are established over Crown land and shown on Crown Land Registry survey plans, such as a Land Act road dedication.
Although ParcelMap BC is not the authoritative source for the legal property boundary or related records attributes (this will always be the plan of survey or the related registry information), limiting the classification of ‘Road’ parcels in ParcelMap BC to those that have been formally dedicated as road will provide some assistance to users in determining the legal status of the road.
More information about roads in ParcelMap BC can be found at help.ltsa.ca.