Fee Simple

Fee simple is the most complete form of ownership of land recognized in BC, conferring perpetual rights to use, possess, and transfer the land. Under the Land Title Act, RSBC 1996, c. 250, fee simple ownership is subject to applicable laws, registered encumbrances on title, and the underlying rights of the Crown. Most non-strata residential property in BC is held in fee simple.

Fee simple grants perpetual ownership rights, meaning the interest can continue indefinitely and be passed to heirs under the Wills, Estates and Succession Act, SBC 2009, c. 13, or sold or gifted during the owner's lifetime. However, ownership remains subject to applicable laws (such as zoning under the Local Government Act, RSBC 2015, c. 1), registered encumbrances, and the underlying title of the Crown. Verify current restrictions on your specific property with a BC lawyer or notary before acting.

Fee simple ownership grants rights to the land and any buildings on it, whereas strata ownership under the Strata Property Act, SBC 1998, c. 43, grants ownership of a defined unit (a strata lot) plus an undivided interest in common property and common assets. Strata owners are also subject to bylaws and rules of the strata corporation, which do not apply to fee simple owners. Verify the type of ownership on title with a BC lawyer or notary before purchasing.

Yes. Fee simple ownership is subject to registered encumbrances such as easements, covenants, statutory rights of way, and mortgages, all of which are recorded on title under the Land Title Act, RSBC 1996, c. 250. It is also subject to applicable laws, including municipal zoning bylaws under the Local Government Act, RSBC 2015, c. 1, and provincial statutes such as the Agricultural Land Commission Act, SBC 2002, c. 36, if the land is in the Agricultural Land Reserve. Always review a current title search with a BC lawyer or notary.

Yes. Property transfer tax (PTT) is payable on most transfers of fee simple property under the Property Transfer Tax Act, RSBC 1996, c. 378. Exemptions may be available for qualifying first-time home buyers (up to $835,000 as of 2026-07-27 — verify current) or newly built homes (up to $1,100,000 as of 2026-07-27 — verify current), subject to eligibility criteria. Verify current thresholds and eligibility with a BC lawyer, notary, or the BC Ministry of Finance before acting.

As of 2026-07-27 — verify current, the federal Prohibition on the Purchase of Residential Property by Non-Canadians Act, SC 2022, c. 10, generally prohibits non-Canadians from purchasing residential property in Canada, including fee simple residential property in BC, until January 1, 2027 (as of 2026-07-27 — verify current). Certain exemptions apply, including for permanent residents, temporary residents with work permits meeting specified criteria, and certain types of property. Additionally, foreign entities and taxable trustees purchasing residential fee simple property in BC may be subject to an additional property transfer tax of 20% (as of 2026-07-27 — verify current) under the Property Transfer Tax Act. Verify current federal and provincial rules with a BC lawyer or notary before acting.

Fee simple residential property in certain designated taxable regions of BC may be subject to the Speculation and Vacancy Tax Act, SBC 2018, c. 46, if the owner does not meet exemption criteria (such as being a BC resident or renting the property for at least six months of the year). The tax applies to the assessed value of the property at rates that vary depending on the owner's status (as of 2026-07-27 — verify current). Verify current designated areas, rates, and exemptions with a BC lawyer or the BC Ministry of Finance before acting.

Fee simple ownership can be expropriated (taken) by government for public purposes under applicable expropriation legislation, subject to compensation. It can also be subject to foreclosure or court-ordered sale if the owner defaults on a registered mortgage or other secured debt, or if a court orders sale under partition or other proceedings. Verify your rights and obligations with a BC lawyer if you are facing any such action.

In most cases, fee simple ownership in BC does not include subsurface mineral rights, which are typically reserved to the Crown unless expressly granted on title under the Land Title Act, RSBC 1996, c. 250. Review the registered title documents and verify mineral rights status with a BC lawyer or notary, especially if subsurface use is relevant to your intended use of the property.

Fee simple property is transferred by registering a transfer document (Form A under the Land Title Act, RSBC 1996, c. 250) in the BC Land Title Office, together with payment of property transfer tax under the Property Transfer Tax Act and compliance with applicable requirements. The transfer must be signed by the registered owner(s) and the transferee(s), and is typically handled by a BC lawyer or notary. Verify the steps and documentary requirements for your transaction with a BC lawyer or notary before acting.