Title Search

A title search in BC is a review of the BC Land Title Office records to confirm the registered owner of a property and identify any charges, encumbrances, or legal notations registered against the title. It is typically conducted by a conveyancing lawyer or notary public before the completion of a real estate transaction. The search ensures the seller can transfer clear, marketable title to the buyer as required under the purchase contract.

A title search can reveal mortgages, builder's liens, judgment liens, easements, restrictive covenants, rights-of-way, statutory building schemes, and legal notations such as certificates of pending litigation (CPLs). Easements and covenants in particular run with the land under the Land Title Act (RSBC 1996, c. 250) and remain binding on future owners even if the underlying agreement predates the current owner's purchase. Buyers should review all registered charges carefully with their lawyer or notary before completion.

A title search examines the actual BC Land Title Office records to confirm current ownership and registered charges before completion, whereas title insurance is a policy that protects against certain losses arising from title defects, fraud, survey issues, or off-title matters that a search may not reveal. Title insurance does not replace a title search but can serve as an additional layer of protection obtained at or before closing. The decision to obtain title insurance is made by the buyer in consultation with their lawyer or notary.

A title search may reveal registered covenants or notations related to ALR inclusion, but ALR boundaries and land-use restrictions are administered by the Agricultural Land Commission (ALC) under the Agricultural Land Commission Act (SBC 2002, c. 36) and are not always fully reflected in Land Title Office records. Buyers purchasing property that may be within the ALR should confirm ALR status directly with the ALC and review any applicable land-use restrictions. Non-farm use or subdivision of ALR land generally requires ALC approval regardless of what the title search shows.

When purchasing a strata lot, a title search of the individual strata lot title should be supplemented by reviewing strata corporation records, including the Form B Information Certificate, which discloses the strata corporation's finances, bylaws, and any special levies, as required under the Strata Property Act (SBC 1998, c. 43). The common property and limited common property are shown on the registered strata plan, which is also accessible through the BC Land Title Office. Reviewing both the individual lot title and strata plan together gives a complete picture of ownership and encumbrances.

A certificate of pending litigation (CPL) is a legal notation registered on title under the Land Title Act (RSBC 1996, c. 250) that signals an active court claim affecting the property, such as a dispute over ownership or a foreclosure proceeding. A CPL can prevent the seller from conveying clear title until the litigation is resolved or the CPL is cancelled by court order under the BC Supreme Court Civil Rules. Buyers who discover a CPL during a title search should consult their lawyer before proceeding, as the claim could cloud or encumber the title they receive.

A title search itself does not confirm PTT exemption eligibility; rather, the BC Property Transfer Tax Act governs exemptions such as the First-Time Home Buyers' Program (full exemption on fair market value up to $835,000) and the Newly Built Home Exemption (up to $1,100,000). PTT is calculated on the property's fair market value at tiers of 1%, 2%, 3%, and an additional 2% on residential value exceeding $3,000,000. Buyers should consult the BC Ministry of Finance or their lawyer to determine which exemptions apply to their specific transaction.

In an estate sale, the registered title may still be in the name of a deceased person, and the authority of the executor or administrator to transfer the property must be confirmed under the Wills, Estates and Succession Act (WESA) of BC. A title search will reveal whether probate has been granted and whether the executor has been registered as having authority to deal with the land through the Land Title Office. Completing a purchase without confirming these registrations can result in a defective transfer, so buyers should ensure their lawyer reviews both the title and the executor's authority before closing.

Under the Real Estate Services Act (RESA) and BCFSA Rules, licensees owe their clients a duty of good faith and competent service, which includes informing buyers about the importance of conducting due diligence such as a title search before completing a transaction. While licensees are not lawyers or notaries and do not conduct title searches themselves, failing to advise a buyer client about title-related risks could constitute a breach of their professional obligations under RESA. BCFSA, which has regulated BC real estate licensees since August 1, 2021, oversees compliance with these duties.

Yes, a builder's lien can be registered against a property's title under the Builders Lien Act (SBC 1997, c. 45) by contractors, subcontractors, or material suppliers who have not been paid for work or materials supplied to the property. A title search will disclose any registered builder's liens, and their presence indicates that the seller may have outstanding payment obligations that could affect the buyer's ability to receive clear title. The conveyancing lawyer or notary typically arranges holdbacks or requires lien discharges as a condition of completing the transaction.