Common Errors Leading to Defect
The lists below show the most common land title application errors that result in a refusal to register and the issuance of a defect notice. Customers who submit applications to a land title office may find this list helpful to avoid errors.
General Land Title Application Errors
- A corrective declaration form is used inappropriately. For example, a corrective declaration form is used to request the withdrawal of an application.
- The capacity of the Officer certifying execution of the instrument is omitted from the application.
- An incorrect type of the electronic Form 17 is submitted. For example, incorrectly using a Form 17 – Fee Simple instead of a Form 17 – Cancellation of Charge, Notation or Filing. Correct form selection by the applicant is essential as it determines how the LTSA’s Electronic Filing System marks up the application upon receipt, and results in delay or rejection of the application if not done correctly.
- Required schedules are missing from the application.
- A corporate entity is a registered owner under a former name, but the application is made in the corporate entity’s current name.
- Multiple discharges of the same mortgage are submitted.
- An application to register a Form B – Mortgage where there are multiple lenders does not include a schedule for the second and subsequent owners.
- The witnesses of applications executed outside of British Columbia are not officers as defined under s. 63 of the Evidence Act.
Completion of Form Error
- A free text schedule is used unnecessarily instead of the fielded schedule for the Form A and Form B transferee, borrower, and lender. For example, two transferees with different addresses should appear on a fielded schedule.
- Form C General Instrument: A second charge may be included in the Terms of the Instrument attached to a Form C. Item 3 on the Form C itself does not qualify as an application for that second charge.
Power of Attorney Errors
- Differences exist between the name of the donor in the Power of Attorney and the name of the registered owner.
- A Power of Attorney contains alternate names for the attorney; for example, “also known as” or “aka”.
- The attorney executes a transfer to himself/herself without the Power of Attorney expressly authorizing it.
- 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.
Enduring Power of Attorney Errors
- 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:
- The triggering event that authorizes the alternate attorney to act, or
- Proof of age of the alternate attorney.
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.
- Treating the changing of beneficiaries of a trust 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.
- Failing 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.
- 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 conveyances necessary to establish common ownership.
- The documents associated with an Application to Deposit Plan form that requires pre-plan conveyances are submitted in the incorrect order.
- 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.