JoeJoe
03-01-2014, 09:22 AM
What do you guys think of this... The Minister of Forests is trying to change the Lank Titles Act. Why do you suppose he would do that. Could it be linked to what is happening at Douglas Lake Ranch. Maybe they are trying to give away the bottom of Minnie and Stoney Lakes.. Any Lawyers in the group.
SECTION 7: [Land Title Act, section 108]
authorizes the Lieutenant Governor in Council to make an order to undo past deemed transfers of land under section 108 (2) of the Act if there is uncertainty about the operation of that section or if the operation of that section would be inappropriate or unfair;
provides a process for filing the order in the land title system and requires that the filing occur before the order has effect.
7 Section 108 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) in subsection (3) by striking out "that is included in a subdivision or reference plan",and
(b) by adding the following subsections:
(5.1) Subject to any terms or conditions the Lieutenant Governor in Council considers appropriate, the Lieutenant Governor in Council may order retroactively that subsection (2) did not operate on one or more occasions in respect of land identified in the order, if, in the opinion of the Lieutenant Governor in Council, one or both of the following apply:
(a) it is desirable to clarify title to land because of uncertainty about the operation of subsection (2);
(b) the operation of subsection (2) is inappropriate or unfair because a person, including a registered owner, as a result of a belief that the registered owner had title to land,
(i) has incurred costs in the past,
(ii) is likely to suffer loss in the future, or
(iii) is otherwise prejudiced.
(5.2) Subject to the terms and conditions provided for by the Lieutenant Governor in Council and to subsection (5.4), an order under subsection (5.1) is retroactive for all purposes and, without limitation, has the following retroactive effects:
(a) the land referred to in the order is conclusively deemed not to have been transferred in fee simple to the government under subsection (2) on any occasion identified in the order;
(b) the title of the registered owner at the time of an occasion identified in the order is conclusively deemed not to have been extinguished under subsection (2).
(5.3) The registrar must make a note of an order under subsection (5.1) in the records in the manner required by the director on receipt of the following:
(a) a certified copy of the order;
(b) if required by the registrar, a certificate from the minister stating that all terms and conditions in the order have been satisfied;
(c) any other filings required by the registrar.
(5.4) An order under subsection (5.1) only has effect if the registrar has made a note of it under subsection (5.
SECTION 7: [Land Title Act, section 108]
authorizes the Lieutenant Governor in Council to make an order to undo past deemed transfers of land under section 108 (2) of the Act if there is uncertainty about the operation of that section or if the operation of that section would be inappropriate or unfair;
provides a process for filing the order in the land title system and requires that the filing occur before the order has effect.
7 Section 108 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended
(a) in subsection (3) by striking out "that is included in a subdivision or reference plan",and
(b) by adding the following subsections:
(5.1) Subject to any terms or conditions the Lieutenant Governor in Council considers appropriate, the Lieutenant Governor in Council may order retroactively that subsection (2) did not operate on one or more occasions in respect of land identified in the order, if, in the opinion of the Lieutenant Governor in Council, one or both of the following apply:
(a) it is desirable to clarify title to land because of uncertainty about the operation of subsection (2);
(b) the operation of subsection (2) is inappropriate or unfair because a person, including a registered owner, as a result of a belief that the registered owner had title to land,
(i) has incurred costs in the past,
(ii) is likely to suffer loss in the future, or
(iii) is otherwise prejudiced.
(5.2) Subject to the terms and conditions provided for by the Lieutenant Governor in Council and to subsection (5.4), an order under subsection (5.1) is retroactive for all purposes and, without limitation, has the following retroactive effects:
(a) the land referred to in the order is conclusively deemed not to have been transferred in fee simple to the government under subsection (2) on any occasion identified in the order;
(b) the title of the registered owner at the time of an occasion identified in the order is conclusively deemed not to have been extinguished under subsection (2).
(5.3) The registrar must make a note of an order under subsection (5.1) in the records in the manner required by the director on receipt of the following:
(a) a certified copy of the order;
(b) if required by the registrar, a certificate from the minister stating that all terms and conditions in the order have been satisfied;
(c) any other filings required by the registrar.
(5.4) An order under subsection (5.1) only has effect if the registrar has made a note of it under subsection (5.