Land Title Act does not require registration of bare trust interest (case digest)

Current to: April 2008

In Watters Estate v. British Columbia (New Westminster Land Title District, Registrar), 2008 BCSC 348, the court confirms that the Land Title Act does not require titles to indicate that land is held in trust. The property owners’ failure to register trusts does not result in loss of good safe holding and marketable titles, and the interests in the properties (in this case, legal titles under bare trusteeships) vest with the personal representatives of the owners on their deaths. The court also commented that the adequacy of documentation needed for probate or for letters of administration does not fall within the jurisdiction of the Registrar.

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