Section 58, Land Act

  • The Province allocates Crown land to an individual or organization by issuing a Crown grant (see: PDF iconCrown grant example). Generally, attached to a Crown grant is a sketch plan of the subject land. These sketch plans often show features such as roads, bodies of water and watercourses, which, although they are within the subject property, are not alienated with the grant.
  • If doubt exists whether land is included in a grant, or whether it is in the public interest that the part coloured other than in red on a Crown grant tracing need be retained by the Province, the land owner can apply, through their land surveyor, to the Surveyor General to have the land placed within their title. The Surveyor General, on behalf of the Minister, has the ability to transfer these lands pursuant to section 58 of the Land Act. Please note that the Surveyor General is unable to directly transfer roads that are deemed to be highway, as defined in section 1 of the Transportation Act to private ownership. An inter-ministry process has been developed through which road can be transferred to the owner of the surrounding property and is described in the Surveyor General Policy and Procedure for disposing of provincial public highway through section 58 of the Land Act.
  • 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 may be referred to local governments that have requested to comment on 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 final plan of the subject 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 General Application and Plan (SGGN). The EFS User's Guide outlines the process to submit an application.
  • Inclusion application packages must include a completed Checklist for Section 58
  • A checklist is also provided to assist in the preparation of the final plan
  • Please refer to Circular Letter No. 458 and Circular Letter No. 466, as well as the Directions to Land Surveyors No. 12 for additional information.