Changes to Ownership
Contents
Transferring title, such as after the purchase of a new home, a change in marital status or the death of a spouse, may require the expertise of a legal professional.
Before You Begin
Decide if you require legal representation
Hire a legal professional to act on your behalf and help with important legal considerations such as estate planning, future title ownership needs or land tax deferment possibilities. Some forms to transfer an interest in land will require a professional to witness and/or file.
Legal Professionals Protect Your Interests
A legal professional will:
- Become your representative and act on your behalf.
- Give you advice on compliance with statutory forms and file on your behalf if required, including those required for filings under the Land Owner Transparency Act.
- Certify land title forms for ownership changes, such as a Form A, which requires witnessing by a lawyer, notary public or other person authorized by the Evidence Act.
- Investigate the current status of the title in the land title register to determine the required land title documentation.
- Advise you on appropriately recording your title ownership and answer property tax questions.
- Identify and apply for court documents or certificates which allow the registration of a change in title to proceed with fewer time delays.
- Electronically file your application and be responsible for any potential deficiencies in the documents and will be required to remedy them, at their cost.
- Provide you with a current State of Title Certificate which is a certified true copy of the new title record.
Know the information on title
There are different ways ownership is registered on title. An interest in land may be held by a single owner, or multiple owners as joint tenants or as tenants in common. In addition, owners are not always individuals, ownership may be a whole or a part of the interest or held in trust.
Order a copy of the title for a fee before starting the application.
Having a current copy of the title will help you determine the:
- Type of ownership change you can apply for
- Tenancy on title – the title may state one of three options: joint tenants, tenants in common or nothing which means tenants in common
- Exact spelling of the names on title so you can ensure it matches with the names on the official certificates supporting the application as name discrepancies may require additional documentation
- Correct information on title, including the Parcel Identifier, mailing address of owners and any charges or liens listed
If you have questions about information on title, seek legal advice.
Understand the requirements under the Land Owner Transparency Registry
The Land Owner Transparency Registry is a publicly searchable registry of information about beneficial ownership of land in British Columbia. Beneficial land owners are people who own or control land indirectly, such as through a corporation, partnership or trust.
According to the Land Owner Transparency Act, the Registrar of Land Titles must refuse any application to register an interest in land if it is not accompanied by a transparency declaration and, if appropriate, a transparency report. There are penalties related to non-compliance.
Most applicants will be required to file a transparency declaration, and property owners are permitted to file a transparency declaration without a legal professional. Some applications may not require a transparency declaration based on the exclusions defined in Land Owner Transparency Act.
In a transparency declaration, each owner or someone acting on their behalf must declare whether or not each owner is a reporting body and certify that they have knowledge of the matters included in the transparency declaration and that it is correct and complete as required under the Land Owner Transparency Act.
A reporting body is a relevant corporation, a trustee of a relevant trust, or a partner of a relevant partnership. Reporting bodies are required to also file a transparency report to the Administrator of the Land Owner Transparency Act. A transparency report must be filed by a legal professional.
Understand the requirements under the Property Transfer Tax Act
When you transfer an interest in land, you or your legal professional must file a property transfer tax return and you must pay property transfer tax, unless you qualify for an exemption.
In most cases, property transfers are completed by a legal professional.
Know your responsibilities if acting without legal representation
If you choose to file an application without legal representation, you are responsible to file the application and resolve any issues that might prevent it from being registered.
It is important to be aware that legislation defines LTSA’s role and limits how we can answer your questions. For example, our staff is not allowed to provide legal advice or help fill out forms.
Only after you submit your application to LTSA, can we advise on the correctness and accuracy of your application’s information.
If you need more help than we can provide, hire a lawyer or notary public.
Steps to File an Application
Should you wish to proceed without engaging a legal professional, follow the requirements set out below to file an application with LTSA.
Online (Only Available for Transmission to Surviving Joint Tenant)
1) Start online application
The first section of the form will determine if you are eligible to submit online and collect the basic owner and property information. Most applicants will be eligible to submit online, but in some instances may be required to file by mail, or if you live near a land title office, by appointment in person.
2) Login with the BC Services Card app
If you don’t have the BC Services Card app on your mobile device, you need to set it up first.
LTSA uses the BC Services Card app to confirm your identity. It protects you by ensuring no one else can access services using your identity.
Learn more about the BC Services Card app
Learn more about why, when, and how to verify your identity.
3) Continue filling out the online application
Complete the information required for the Property Transfer Tax Return, Land Title application and Declaration under the Land Owner Transparency Act.
4) Upload PDF files of original supporting documents
Scan documents using a scanner or mobile app, such as Adobe Scan.
5) Request a State of Title Certificate (optional)
If you have requested a State of Title Certificate as proof of the change once registered, it will be delivered by email when your application is registered. Payment can be made by VISA or Mastercard before submitting the application
6) Pay by credit card
Visa and MasterCard are accepted.
7) Submit online
If wish to keep a copy of the Property Transfer Tax return or Transparency Declaration (if applicable) you must download it from the confirmation page. This will be your only opportunity to do so. You will receive a tracking number and copy of your receipt by email. Once accepted, your Land Title application with its pending application number will also be sent to you by email.
8) Submit a Corrective Declaration, if required (optional)
If your Land Title application doesn’t meet legal requirements, you will receive an email explaining the problem with a link to file a corrective declaration online for a fee. You’ll be notified by email when your corrected application is registered.
9) Withdraw your Application, if desired (optional)
Until your application is registered, you have the option to withdraw your Land Title application by using the link included in the email with your accepted application. Once an application is withdrawn, it cannot be reinstated and you will need to start a new application if required.
Submit by mail
1) Download guide or fill out application online
2) Request a State of Title Certificate (optional)
If you’d like proof of the name change once registered on title, request a State of Title Certificate.
3) Print the application (single-sided only)
If you do not have access to a printer, contact LTSA Customer Support at 1-877-577-LTSA (5872), press 1, for assistance.
4) Sign and date the application with a pen
Sign with blue or black ink. The use of a digital signature or correction fluid (wite-out) will result in your application being returned to you. Some forms must be witnessed by a professional.
5) Enclose original supporting documents
Include a self-addressed stamped envelope so original certificates can be returned to you.
6) Pay by cheque, bank draft or money order
After filling out the application, the total owing will be displayed. Pay in Canadian funds to: Land Title and Survey Authority of British Columbia.
7) Mail
Mail everything to:
Land Title and Survey Authority of British Columbia
Suite 500 – 11 Eighth Street, New Westminster, BC V3M 3N7
8) Submit a Corrective Declaration, if required (optional)
If your application doesn’t meet legal requirements, you will be mailed a notice explaining the problem and how to fix it. If the application needs to be corrected, we will return the original application to you. Once corrected you can return the application by mail or by appointment at a land title office in New Westminster, Victoria or Kamloops.
• Return your corrected application promptly.
• Do not use correction fluid (wite-out) on your paper application. This will result in your application being returned to you.
Submit in person
1) Download guide or fill out the application online
2) Request a State of Title Certificate (optional)
If you’d like proof of the name change once registered on title, request a State of Title Certificate.
3) Print the application (single-sided only)
If you do not have access to a printer, contact LTSA Customer Support at 1-877-577-LTSA (5872), press 1, for assistance.
4) Sign and date the application with a pen
Sign with blue or black ink. The use of a digital signature or correction fluid (wite-out) will result in your application being returned to you. Some forms must be witnessed by a professional.
5) Enclose original supporting documents
Original certificates will be returned at your appointment.
6) Make an appointment and go in person
LTSA’s Land Title Office front counters are open by appointment only. Contact the Customer Service Centre 1-877-577-LTSA (5872), press 1, to book an in-person visit.
7) Pay on the day of your appointment
After filling out the application, the total owing will be displayed. Pay by cheque, bank draft, money order, credit card or debit card on the day of your appointment. Cash is not accepted.
8) Submit a Corrective Declaration, if required (optional)
If your application doesn’t meet legal requirements, you will be mailed a notice explaining the problem and how to fix it. If the application needs to be corrected, we will return the original application to you. Once corrected you can return the application by mail or by appointment at a land title office in New Westminster, Victoria or Kamloops.
• Return your corrected application promptly.
• Do not use correction fluid (wite-out) on your paper application. This will result in your application being returned to you.
Requirements to File
Transmit Interest to Surviving Joint Tenants
Upon the death of one owner, the interest of the deceased joint tenant passes to the surviving joint tenants. Tenancy on title must be Joint Tenants.
Transmit Interest to a Personal Representative
A change of ownership of land due to death, sale under execution, order of court or other act of law, or on any testamentary settlement or legal succession in the case of intestacy. A Personal Representative is the person who administers the estate of a deceased person as executor or Court-appointed administrator.
Fee Simple
Fee Simple is the form of ownership of real property (real estate) in which the owner has the right to control and transfer the property at will.
Fee Simple Applications Require a Legal Professional
Land title forms, such as a Form A, required for a fee simple transfer of title must be witnessed by a lawyer, notary public or other person authorized by the Evidence Act. If your application also requires a transparency report under the Land Owner Transparency Act, a legal professional is required to file this on your behalf.