In cases concerning enforceability of positive obligations assumed by a prior owner against successors in title, BC Court of Appeal quotes BCLI Report on Restrictive Covenants, says it makes “compelling case for reform” but the reform must come from the legislature

BCLI’s 2012 Report on Restrictive Covenants was discussed with approval by the British Columbia Court of Appeal in two recent cases: The Owners, Strata Plan BCS 4006 v Jameson House Ventures Ltd, 2019 BCCA 144 and The Owners, Strata Plan LMS 3905 v Crystal Square Parking Corporation, 2019 BCCA 145. Read more…

By Maria Sokolova, ago

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

BCLI has issued the first in a series of reports that will be published in connection with Phase 2 of the Real Property Reform Project.  The Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests is concerned with resolving  uncertainty resulting from conflicting lines of authority on whether registration under the Land Title Act of British Columbia will confer priority over a competing unregistered interest if the holder of the registered interest had actual notice of the unregistered interest beforehand.

By Alison Taylor, ago