Conveyancing

In British Columbia, conveyancing must be performed by a lawyer or a notary public, both of whom are qualified to prepare and register transfer and mortgage documents at the Land Title Office and account for funds. Real estate licensees regulated by the British Columbia Financial Services Authority (BCFSA) under the Real Estate Services Act (RESA) are not authorized to perform conveyancing. Parties should engage their chosen legal professional well before the completion date to allow sufficient time for title review and document preparation.

The BC Land Title Office (LTO), operated under the Land Title Act, is the official registry where transfer documents, mortgage charges, and other instruments affecting title are registered to give legal effect to the change of ownership. Registration at the LTO creates an indefeasible title under the Torrens system, meaning the registered owner's title is guaranteed by the province subject to limited exceptions. The conveyancing lawyer or notary submits documents electronically through the BC Online or myLTSA system on or before the completion date.

The completion date is the day legal ownership transfers, meaning the conveyancer registers the transfer documents at the Land Title Office and the purchase funds are released to the seller. The possession date, which may be the same day or a day or two later, is when the buyer is entitled to physically occupy the property. Both dates are defined in the Contract of Purchase and Sale, and the conveyancer coordinates the timing of fund disbursements and registration to align with these contractual obligations.

Under the BC Property Transfer Tax Act, buyers must pay Property Transfer Tax (PTT) calculated at 1% on the first $200,000 of the fair market value, 2% on the portion from $200,001 to $2,000,000, 3% on the portion from $2,000,001 to $3,000,000, and an additional 2% on any residential value exceeding $3,000,000. The conveyancing lawyer or notary prepares and files the PTT return and collects the tax as part of the closing funds. Exemptions such as the First-Time Home Buyers' Program (full exemption up to $835,000) and the Newly Built Home Exemption (up to $1,100,000) may apply and are also administered through the conveyancer at the time of registration.

When purchasing a strata lot, the conveyancer must review strata-specific documents required under the Strata Property Act (SBC 1998, c. 43), including the Form B Information Certificate (which discloses the strata corporation's financial status, bylaws, and any amounts owing by the unit), the Form F Certificate of Payment (confirming all strata fees and levies are paid before title transfers), and any applicable depreciation reports. The conveyancer also reviews strata bylaws and rules, registered on title or held by the strata corporation, to advise on obligations that will bind the new owner. Strata fees, special levies, and contingency reserve fund contributions may affect the funds required at closing.

A title search is a review of the property's registered title record at the Land Title Office to identify the legal owner, any charges such as mortgages, liens, easements, covenants, or statutory rights of way, and any encumbrances that could affect the buyer's use or ownership of the property. The conveyancing lawyer or notary conducts this search under the Land Title Act to ensure the seller has clear, marketable title to convey and to confirm which charges will be removed or remain after completion. Findings from the title search inform the buyer of their obligations and may trigger requisitions to the seller to discharge certain encumbrances before closing.

Purchase funds, including the buyer's deposit and mortgage proceeds, are held in a lawyer's or notary's trust account and must be strictly accounted for under BC Law Society rules for lawyers or the Notaries Act and Society of Notaries Public of BC guidelines for notaries. Real estate licensees who hold deposits under a Contract of Purchase and Sale are governed by the Real Estate Services Act (RESA) and RESA Rules administered by the BCFSA, which impose strict trust account requirements to protect client funds. The conveyancer releases funds to the seller only after confirming that title has been successfully registered in the buyer's name at the Land Title Office.

If the seller has an existing mortgage registered against title, the conveyancing lawyer or notary obtains a mortgage discharge statement from the seller's lender, and the payout amount is deducted from the sale proceeds and remitted directly to the lender on the completion date. The lender then provides a discharge document, which the conveyancer registers at the Land Title Office to remove the mortgage charge from the title, ensuring the buyer receives clear title. If the buyer is assuming the existing mortgage rather than obtaining new financing, the conveyancer prepares assumption documentation in accordance with the lender's requirements.

Personal information collected, used, or disclosed during a conveyancing transaction — such as identification documents, financial details, and contact information — is subject to BC's Personal Information Protection Act (PIPA), which requires that personal information be collected only for identified purposes, with consent, and protected with reasonable security safeguards. Real estate licensees regulated by the BCFSA under RESA must also comply with PIPA when sharing client information with lawyers, notaries, lenders, or other parties involved in the transaction. Electronic communications sent for commercial purposes, such as marketing messages from a brokerage to a client, must comply with Canada's Anti-Spam Legislation (CASL), which requires express or implied consent and an unsubscribe mechanism.

When a property owner has died, the conveyancer must confirm that the estate's legal personal representative has authority to convey title, typically by registering a Grant of Probate or Grant of Administration issued under the Wills, Estates and Succession Act (WESA) against the title at the Land Title Office before the transfer can proceed. If the property was held in joint tenancy, the surviving joint tenant acquires the deceased's interest by right of survivorship, and the conveyancer registers a survivorship application together with the death certificate rather than probate documents. Estate conveyancing often involves additional time and documentation, and buyers should factor this into their completion date expectations.