Learn About Title Security in BC
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LTSA delivers secure land titles through timely, efficient registration of land title interests and survey records. These services are an essential underpinning to BC’s private property market and justice system. We also support civic governance, taxation and Crown land management frameworks.
Committed to Protecting the Security of Land Ownership
We are committed to protecting the security of land ownership records and documents in British Columbia:
- Our land title system is regarded as among the very best in the world. Land purchasers, sellers and owners can be confident that their rights and interests are protected.
- Registered titles to land offer assured ownership and allow for simple, quick and inexpensive land transfers.
- An Assurance Fund compensates property owners in the very unlikely case that they are financially affected by a title registration error or become the innocent victim of title fraud. Title fraud is exceedingly rare in British Columbia.
How can I monitor and protect my land title?
By using the services of a lawyer, notary, land surveyor or registry agent, a property owner takes important steps to support the security of the land title system and protect against fraud.
BC Financial Services Authority (BCFSA) has published consumer tips to help protect against fraudulent transactions: https://www.bcfsa.ca/about-us/news/news-release/consumer-tips-protect-against-fraudulent-transactions
What is title monitoring and how can I use this service?
LTSA’s title monitoring service (also known as Parcel Activity Notifier or PAN) provides an email notice to your legal professional via myLTSA Enterprise when an application is made that may affect your title. Your legal professional can set up title monitoring to alert when there is activity on a property.
We are working to introduce a title monitoring service for property owners in the coming year, along with improved search services for property owners. This will make it easier for property owners to monitor their title without the assistance of a legal professional.
What is a State of Title Certificate and how can I order one?
A State of Title Certificate (STC) is a copy of the title that is certified correct at the time of issuance by the land title office.
It lists the registered fee simple holder(s) (the owners), legal description of the parcel, parcel identifier (PID), and the charges, liens and interests registered against the title.
By ordering a State of Title Certificate, you may verify the status of your title and any associated charges or liens at the point in time of ordering.
You may learn more here about: how to order a State of Title Certificate
What is a Duplicate Title Certificate and how can I order one?
A Duplicate Indefeasible Title Certificate is a very valuable document and great care should be taken to ensure that it is not lost or destroyed. Consider keeping it in a safety deposit box to ensure its security as it is costly and time consuming to replace.
Every title has a duplicate that is normally just lodged with the land-title system, but an owner can apply to take out that duplicate certificate of title, provided there is no current mortgage charge or right to purchase charge on the title. The title cannot be transferred or mortgaged until that duplicate certificate title is put back into the land-title system.
If a duplicate certificate of title has been lost or destroyed, the owner through their agent or solicitor will need to apply to the registrar to obtain a provisional Certificate of Title in lieu of the lost or destroyed duplicate certificate.
You may learn more here about: how to order a Duplicate Title Certificate
What does LTSA do to ensure the security of my title?
BC’s land title system is based on the Torrens system which provides a public record of ownership, charges and interests. Assurance is provided through a guarantee that, should an error be made in a title, individuals who suffer a loss will be compensated through an assurance fund.
What is the Assurance Fund, and how does it work?
An Assurance Fund compensates property owners in the very unlikely case that they are financially affected by a title registration error or become the innocent victim of title fraud. Title fraud is exceedingly rare in British Columbia.
If I have title insurance through another company, am I still covered by the Assurance Fund?
The level of coverage from either source is dependent on the specific elements of a given situation. Your title insurer may be able to provide further information on how their coverage interacts with the assurance fund.
The Torrens System
- The land title system in BC is based on the Torrens registry system.
- The system states that only a person registered as owner has the right to transfer or otherwise deal with their legal title to land.
- The Land Title Act is the statute that governs BC’s land title system.
Assured Title
- Under the Torrens system, legal title to land can only be changed by the act of registration on a public register, and the issuance of a certificate of indefeasible title.
- A title that is indefeasible cannot be defeated, revoked or made void.
- Registration vests title in the land and certifies the indefeasibility of the title.
- There are a limited number of exceptions to the principle of indefeasibility that are set out in the Land Title Act.
Identity Theft
As with any area of commerce, there may be people who misrepresent ownership of land.
Steps are taken to prevent this possibility:
- Lawyers and notaries public check their clients’ identities before submitting documents to the LTSA.
- Financial Transactions Reports Analysis Centre of Canada (FINTRAC) rules require real estate brokers and agents to verify their clients’ identities following specific guidelines, and they must keep a client information record for every purchase or sale of real estate.
- If some parties in a real estate transaction are not represented by a real estate broker, the broker or agent will need to verify those parties’ identities.
- Financial institutions are required to verify their clients’ identities for certain transactions following specific FINTRAC guidelines.
Mortgage Fraud
In April 2009, the BC Court of Appeal held that unless a mortgage is granted by the true owner of a property, the mortgage is invalid and the owner’s title will be returned to its original state.
Additional Security
By using the services of a lawyer, notary, land surveyor or registry agent, a property owner takes important steps to support the security of the land title system and protect against fraud.
Taking these steps can provide added security:
- Request your legal professional set up title monitoring. This service, available through myLTSA Enterprise, provides an email notice through myLTSA Enterprise when an application is made that may affect your title.
- Request a title search to obtain a copy of your title.
- Request a State of Title Certificate, which is a certified true copy of your title.