Section 94(1)(c), Land Title Act

  • Land abutting a body of water may be subject to erosion and deposition (accretion). Waterfront property owners do not own land created by a sudden deposit of material by flood or by an artificial interference of natural processes, or by the addition of fill. However, the waterfront property owner does own land that has accreted to the upland through gradual and imperceptible natural deposition. This natural deposition must be an outward growth from the upland. This resultant outward growth can also be the result of the receding of the shoreline. Conversely, when the upland is eroded gradually and imperceptibly, the property lost becomes part of the foreshore or bed of the adjacent water body and becomes Crown-owned land.
  • Where erosion or accretion has occurred, the title to the upland will not reflect the actual extent of ownership until a new certificate of title is issued, based upon an up-to-date survey prepared by a BC land surveyor.
  • In order to legitimize accreted land into an upland title, an application must be made to the Surveyor General by a BC land surveyor in accordance with Circular Letter 477. Upon receipt of an application, the Surveyor General refers it for comment to the local office of the Ministry of Forests, Lands, Natural Resource Operations and Rural Development, and to local governments that have requested to comment on accretion applications within their jurisdictions. Once all referral comments are received, the Surveyor General reviews the relevant facts of the application and then renders a statutory decision. If the application is approved, a BC land surveyor will conduct a field survey and prepare a plan consolidating the accreted land into the upland property. The Surveyor General must certify the plan in order for it to be accepted for deposit in the land title office. Once the plan is deposited in the land title office, a new indefeasible title is registered based upon the extent of the land defined in the new plan.
  • Please submit applications through myLTSA using the SG Form Natural Boundary Applications and Associated Plans. The EFS User's Guide outlines the process to submit an application.
  • Accretion application packages must include a completed Checklist for Section 94(1)(c).
  • A checklist is also provided to assist in preparation of the final plan.
  • Directions to Land Surveyors No. 12 and No. 14 provide additional information.