Common Errors Leading to Defect
There are a number of common errors in land title applications that result in a refusal to register and the issuance of a defect notice. We recommend customers be aware of these common mistakes to help avoid receiving future defects.
View the All About Land Title Defects webinar presentation and recording to learn about common errors that lead to defects, how validation messages can help minimize the likelihood of receiving a defect, and how to handle a defect should you receive one
View the Minimizing Turnaround Time for Land Title Applications webinar presentation and recording to learn how land title applications are reviewed by LTSA and what you can do to ensure your submission is processed without delay.
Defects Related to Incorrect Forms
- The Form A transfer of a strata lot doesn’t include a Strata Property Act Form F declaration.
- An incorrect Form 17 is submitted. For example, using a Form 17 – Fee Simple instead of a Form 17 –Charge, Notation or Filing.
- A corrective declaration form is used inappropriately. For example, a corrective declaration form is used to request the withdrawal of an application or make amendments to a LOTR filing.
- A Declaration Form is missing for supporting documents.
- Review the E-filing User Guides and Publications and the Land Title Practice Manual for legislation and commentary related to Registerable Instruments.
Defects Related to Execution
- The capacity and/or address of the Officer certifying execution of the instrument is omitted from the application.
- The witnesses of applications executed outside of British Columbia are not officers as defined under s. 63 of the Evidence Act.
- Review the Land Title Practice Manual for legislation and commentary related to Attestation and Proof of Execution of Instruments.
Regarding Remote Witnessing.
- An affidavit does not meet requirements.
- Review Practice Bulletin No. 01-20 to understand the requirements for remote witnessing of affidavits for use in land title applications.
Defects Related to Identity and Names
- Incorrect supporting evidence for Amendment to Title Owner Name or Change of Name Applications.
- A corporate entity is a registered owner under a former name, but the application is made in the corporate entity’s current name without reference to the former name.
- Change of Name is used in cases where a change of name or amalgamation of companies has occurred, and the supporting evidence may be a certificate issued by the appropriate government authority, e.g., change of name or marriage certificate. For a corporate change, if the registrar can verify the company’s incorporation or registration through a search of the BC Corporate Registry, a certificate may not be required.
- If disposing of an interest, enter “New Name formerly known as Old Name”, for example “ABC Limited formerly known as Abe’s Limited”. For all other dealings, the applicable change of name application is required.
- Amendment to Title Owner Name is used in cases of typos or administrative errors. For these types of applications, a statutory declaration and consents of the registered owners may be needed.
- For applications dealing with an interest in land where a party is a corporation that is not registered in BC, proof of current existence in the form of a certificate of status from the jurisdiction where the foreign entity was incorporated has not been provided.
- Review the Land Title Practice Manual for legislation and commentary related to Transferors and Transferees – Proof of Existence and Execution of Instruments.
Defects Related to Power of Attorney
- There are variations between the name of the donor in the Power of Attorney and the name of the registered owner.
- A Power of Attorney contains substantive differences in alternate names for the attorney; for example, “Jane Smith also known as (or “aka”) Jane Jones”.
- The attorney executes a transfer to himself/herself without the Power of Attorney expressly authorizing it.
- The Power of Attorney number or name is not included in the execution portion of a Form A, B or C.
- Due to privacy laws, private information (such as a driver’s license number or passport number) should not be included on the Power of Attorney itself.
- Review the Land Title Practice Manual for legislation and commentary related to Powers of Attorney.
Defects Related to Enduring Power of Attorney
- The attorney has not signed the Enduring Power of Attorney. The requirement for the attorney to sign is not met by virtue of the attorney solely executing supporting documentation, such as a “proof of age” declaration.
- Information related to an alternate or substitute attorney on the application is missing, such as proof of age.
- Extra-jurisdictional certificates are not provided with an enduring Power of Attorney that has been prepared outside British Columbia and which does not reference the BC Power of Attorney Act and does not include the Officer Certification Statement required under Part 5 of the Land Title Act.
- The Enduring Power of Attorney has not been witnessed under Part 5
- The witnessing of the adult does not meet the requirements of the Act. Under section 16 the adult must sign in the presence of 2 witnesses. Only one witness is required if the witness is a BC lawyer or BC Notary.
- Review Practice Bulletin No. 2-11 related to Enduring Power of Attorney.
Defects Related to Trusts
- Changing beneficiaries of a trust is treated as a Land Title Act 180(10) modification. Changing beneficiaries creates a new trust for land title purposes and requires the submission of the new trust document attached to a Form Declaration in support of the Form A – Transfer.
- Failure to submit the original trust instrument to the land title office.
- A subsequent dealing with the land by the trustee is not authorized by the terms of the trust.
Defects Related to Original vs. Execution Copies
- The timestamp on the execution copy and the electronic form do not match. Under Part 10.1 of the Land Title Act, an electronic form is the original document and a printed version becomes the execution copy. The timestamp confirms the original form and the execution copy are the same. Review LTSA’s Quality Verification program to learn more about compliance with Part 10.1. Remember:
- The execution copy is not an original document.
- Do not create a new Web Filing form based on an existing execution copy.
Defects Related to Application to Deposit Plan
- An incorrect type of plan is selected on the Application to Deposit Plan form.
- The Application to Deposit Plan form does not show the correct number of lots. (This error typically occurs due to the wrong type of plan being selected.)
- The Application to Deposit Plan form fails to list all of the affected parcels of land, including new parcels that do not yet have an assigned PID.
- An Application to Deposit Plan form that requires pre-plan conveyances to establish common ownership of the affected parcels is submitted without the conveyance application(s) necessary to establish common ownership.
- A charge that forms part of an Application to Deposit Plan package is defective. The typical accompanying charge is a statutory right of way, covenant or easement; the most common errors are the Form C – Charge does not disclose necessary consideration, and the stated grant is not consistent with the terms of the instrument.
- Required consents to plans are not provided with the Application to Deposit Plan form. In particular, Agricultural Land Commission consent letter where land is in an agricultural land reserve; Approving Officer consent; and/or charge holder consent when there is road dedication.
- A statutory building scheme that forms part of an Application to Deposit Plan package does not comply with one or more of the practice requirements applicable to statutory building schemes.
- Review the Electronic Plan Application Help Guide for further guidance on the Application to Deposit Plan.