Chapter 4 - The Subdivision of Land and Title Registration in British Columbia Flashcards
What is common property?
Any part of a strata plan that is not
part of a strata lot, and a variety of
service facilities, depending on their
location and use
What is a strata lot?
The parts shown on the strata plan that
are created for individual ownership
What is a schedule of unit entitlement?
A table included in the strata
plan that sets out each owner’s
proportionate interest in the
common property. It is often
used to calculate a strata
lot owner’s share of a strata
corporation’s expenses
What is a conversion (of a building)?
A project in which the
developer stratifies a building
by subdividing it into strata lots
What is a deed?
A document used to
transfer an interest in land
from one party to another
What is the Torrens land registration system?
A system for registration of the
actual title to land in order to
provide security to those holding
interests in land and to remove the
need for retrospective investigation
of titles to land
What is indefeasibility?
In British Columbia, subject to
certain statutory exceptions, the
Land Title Register is conclusive
evidence that the person named
as holding a fee simple estate
in land is in fact entitled to that
interest, and his or her holding
is not subject to any condition or
encumbrance other than those
shown on the Land Title Register
Who is a trustee?
An individual or business
entity in whose name a
trust is held
What is a charge?
An estate or interest in land less than a
fee simple that can be registered under
the Land Title Act. Charges include all
encumbrances, such as judgements,
mortgages, statutory rights of way,
easements, covenants, leases, and liens
What is an encumbrance?
An encumbrance is a judgment,
mortgage, lien, Crown debt, or other
claim to or on land less than a fee simple.
An encumbrance functions to encumber
(i.e., restrict or burden) title to the
property against which it is registered
What is a caveat?
A notice registered against the title
to land warning those looking at the
title that a claim has been made
What is acertificate of pending litigation?
A notice of a pending court action registered
against the title to property for the purpose
of warning all persons that the title to the
property is in litigation and preventing
dealings with respect to the property
What is a builders lien?
A claim registered against the title to land
by a contractor, supplier of materials, or
workman with respect to work done or
materials supplied to improve that land
What is a fixture?
A chattel attached to real
property; anything which
has become so attached to
the land as to form, in law,
part of the land
What is a chattels?
articles of personal
property (e.g., a car,
stereo, television, etc.) as
opposed to real property
