Paper Number: 64
Project: Real Property Reform Project Phase 2 (2012)
Section 35 of the Property Law Act allows the Supreme Court of British Columbia to remove or modify certain kinds of registered charges from the title to land on various grounds, including obsolescence. This report examines section 35 and its judicial interpretation in depth. It considers whether the section should be expanded to cover a broader category of regulatory land use restrictions. It also considers whether there is a need for additional grounds in section 35 for cancellation or modification of charges, or reformulation of the existing grounds. The report concludes that expansion of section 35 to cover a wider range of regulatory restrictions or additional grounds is not warranted. It does recommend, however, that section 35 be amended to apply to unregistered interests in the categories it currently covers as well as registered ones.
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