Project

Real Property Reform Project Phase 2 (2012)

Project Status: Completed
Project Contact: Greg Blue, Q.C.
Telephone Number: 604-827-5337
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Overview

The Real Property Reform Project Phase 2 was a large project dealing with reform of several distinct areas of the law of real property law in British Columbia. These areas were identified in Phase 1, which was a preliminary consultative study completed in 2007. The areas of real property law that were addressed in Phase 2 are:

  1. the effect of section 29 of the Land Title Act and notice of an unregistered interest;
  2. section 35 of the Property Law Act and judicial extinguishment of incorporeal interests;
  3. severance of joint tenancy and other issues of co-ownership, including the four unities rule respecting joint tenancy, and reform of the Partition of Property Act;
  4. restrictive covenants;
  5. the doctrine of implied grant.

Phase 2 was carried out with the aid of a project committee chaired by Dr. A.J. McClean, Q.C., dean emeritus of the Faculty of Law, University of British Columbia. It was funded by the Law Foundation of British Columbia, the Notary Foundation, and the Real Estate Foundation.

Keywords: land, real property, housing, tenancy & neighbours, Land Title Act, Property Law Act, joint tenancy, severance, incorporeal interests, restrictive covenant, implied grant, easement, right of way

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Reports

69. Report on Accounting and Contribution Between Co-Owners

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68. Report on Partition of Property Act

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67. Report on Restrictive Covenants

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66. Report on Joint Tenancy

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65. Report on the Doctrine of Implied Grant: the rule in Wheeldon v. Burrows

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64. Report on Section 35 of the Property Law Act

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58. Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests

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Consultative Documents

Consultation Paper on Restrictive Covenants

Download document (1993 KB)

Consultation Paper on the Partition of Property Act

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Consultation Paper on Joint Tenancy

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Consultation Paper on Accounting and Contribution Between Co-Owners of Land

Download document (1701 KB)

Consultation Paper on Section 29(2) of the Land Title Act and Notice of Unregistered Interests

Download document (1572 KB)

Media Releases

BCLI Releases Four New Consultation Papers on Real Property Law

Download document (242 KB)


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