The Torrens System: “What is on Title is What Is”

The Land Title Act in B.C. follows the Torrens system from Australia and is based on “what is on title is what is”.

It’s a strong Act and means that a user on a pathway across private land, for 20 years say, because an owner allowed it, does not get to continue this use when the property sells, unless it is stated on title. Oral agreements and long term usages don’t count…it has to be on title.

Historical Context and Our Response

It is definitely understood that serious transgressions occurred in colonial times with indigenous peoples globally.

We don’t get to choose our time, but we do get to decide how to respond to issues of our time. Lack of proper treaty arrangements and coercion of lifestyles, by removing children from families and instead enforcing on them lifestyles current in late 1800s to mid-20th century, caused many difficult and shocking transgressions.

Understanding “Reconciliation”

Reconciliation is a word used all the time now. The dictionary usage is noted as:

• 1. The restoration of friendly relations.

  “his reconciliation with your uncle”

  Similar: reuniting, reunion, conciliation, reconcilement, pacification, appeasement, placating, propitiation, mollification, resolution, settlement

• 2. The action of making one view or belief compatible with another.

  “he aims to bring about a reconciliation between art and technology”

These are rudimentary options and there will be other dictionary meanings. It seems to imply that a divide between two parties can be solved.

Recent Supreme Court Ruling

It’s essential for all property owners to seek advice (from legal, mortgage, government sources) about the Land Title Act and the security of private land ownership in B.C., as a result of the recent Supreme Court of B.C. ruling on indigenous ownership of Fraser River fishing grounds and Lulu Island (now in Richmond).

This needs to be well understood by all parties (indigenous tribes and property owners with deeds to land parcels).

Seeking Professional Guidance

Who to Contact for Advice:

• Your Lawyer
  Legal interpretation and implications
• Your Mortgage Broker
  Financing considerations
• Your MLA
  Legislative perspective
• BCFSA
  BC Financial Services Authority – now in charge of real estate industry in B.C.

This is a serious matter to understand and it is important to seek answers to any questions you may have.