Real Property Reform Project Phase 2

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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