Every home in British Columbia has a title, a record at the Land Title Office that shows who owns it and what else is registered against it. Most buyers glance at it; few read it. But what’s on title can decide whether you can build the addition you’re planning, cut down a tree, or even whether you have to complete the purchase. Here’s how to read one, with the North Shore examples that matter most.
What a title shows
A title search from the Land Title and Survey Authority of BC shows:
- the registered owners and how they hold title;
- the legal description and parcel identifier (PID), which identify the land exactly;
- legal notations, which record matters other than ownership, such as a heritage designation or an easement that benefits the land; and
- charges, liens and interests: mortgages, easements, covenants, rights of way, leases, judgments and builders’ liens.
The title lists each charge by its registration number. To know what it actually says, you need the document itself, which can be ordered from the title. Read the documents, not just the list.
The charges you’ll see most
- Mortgages, liens and judgments. Financial charges that the seller must clear on completion. Your lawyer or notary makes sure they’re discharged.
- Easements. A right for a neighbouring property to use part of this land, such as a shared driveway or a path to the water, or a right this land has over a neighbour’s.
- Statutory rights of way. Rights held by the municipality, a utility or another public body, often for sewer, water, drainage or power lines. They can limit where you can build.
- Section 219 covenants. Agreements registered in favour of the municipality or the Province that can restrict how land is used, built on or subdivided: tree protection, flood or slope conditions, a no-build area, or a requirement that a suite never be strata-titled. They bind every future owner.
- Restrictive covenants between owners. Older private agreements that limit what owners can do, often to protect neighbours’ views or the character of a subdivision.
- Building schemes. A developer can register a building scheme, a set of restrictions applying to all the lots in a subdivision. Building schemes commonly control building height, design approval and use, and they can be enforced by the other owners.
The British Properties
Much of the British Properties was developed by British Pacific Properties from the 1930s on, and many lots carry restrictive covenants from that era. In 2018 the BC Supreme Court allowed a buyer to walk away from a $6.5 million West Vancouver purchase because a 1953 British Pacific Properties covenant on title had, in the court’s words, “significant and material consequences” for the owner’s use of the property. The buyer had approved the title search and removed subjects, but the covenant wasn’t one the contract required them to accept.
Courts do enforce these restrictions. In one BC case, under a 1954 building scheme limiting homes to one storey to protect neighbours’ ocean views, an owner was ordered to remove or redesign a new house that rose higher than the one it replaced.
Some older British Properties titles also contain discriminatory covenants. Under section 222 of BC’s Land Title Act, any covenant restricting ownership or use of land because of a person’s sex, race, creed, colour, nationality, ancestry or place of origin is void and has no effect, and the registrar can cancel it.
What to check before you buy
- Order the title and every charge document listed on it, and read them with your lawyer or notary before subject removal.
- If you plan to renovate, add on, rebuild or remove trees, check every covenant and building scheme for height limits, setbacks, design approval and tree or view protection.
- Check rights of way against your plans: you generally can’t build over one.
- For a strata home, also search the common property record, which has its own charges.
- Make sure your contract says which charges you’re accepting. The standard BC contract lets the seller leave certain charges in place, such as rights of way and covenants in favour of utilities and public authorities. Others, such as a private restrictive covenant, should be named in the contract if you’re agreeing to take them.
The municipality’s records add what title doesn’t show, such as zoning, permits and hazards. See What to ask the city before you buy.
Questions people ask
Can an old covenant be removed?
Sometimes. A covenant may be discharged by agreement of the parties who benefit from it, or modified or cancelled by the court in some circumstances under BC’s Property Law Act. Discriminatory covenants are already void. It takes time and legal work, so don’t buy counting on it.
Does title insurance cover covenants?
Generally not covenants that are registered and visible on title. Title insurance covers other risks; ask your lawyer or notary what a policy would and wouldn’t include.
Who reviews the title in a purchase?
Your REALTOR® can pull the title and charges early so you can read them before you write an offer; your lawyer or notary reviews them before completion.
General information for buyers in British Columbia, current as of publication. It’s not legal advice. Interpreting covenants and building schemes is a legal question; have your lawyer or notary review the documents before you remove subjects.