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 Land Title Act
LAND TITLE (TRANSFER FORMS) REGULATION

Schedule A

LAND TITLE ACT

FORM A

(Section 185 (1))

Province of
British Columbia

FREEHOLD TRANSFER (This area for Land Title Office use) PAGE 1 of ... pages

 

.......................................................................................................................................................
1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)
.......................................................................................................................................................
2.  (a) Parcel Identifier and Legal Description of Land:*
        (PID)          (LEGAL DESCRIPTION)
  (b) Market Value: $
.......................................................................................................................................................
3. Consideration:
.......................................................................................................................................................
4. Transferor(s):*
.......................................................................................................................................................
5. Freehold Estate Transferred:*
.......................................................................................................................................................
6. Transferee(s): (Including postal address(es) and postal code(s))*
.......................................................................................................................................................
7. Execution(s):** The transferor(s) accept(s) the above consideration and understand(s) that this instrument operates to transfer the freehold estate in the land described above to the transferee(s).

  Execution Date  
Officer Signature(s)
Y M D
Transferor(s) Signature(s)
  Officer Certification:
Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.
 
If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.
**   If space insufficient, continue executions on additional page(s) in Form D.

Freehold Transfer Form

COMPLETION INSTRUCTIONS

[am. B.C. Regs. 165/90, s. 1; 33/92, s. 8; 300/94.]

GENERAL

(1) Upon submission of a freehold transfer in Form A to the land title office, a separate application is not necessary unless the transfer also contains an exception, reservation or condition in favour of or for the benefit of the transferor that is an interest in land capable of registration under the Land Title Act, in which case the transferor shall apply to register that interest in Form 17 of B.C. Reg. 334/79.

(2) Please ensure that every item of Form A is completed in accordance with the instructions and the user guide.

(3) The transfer document includes

(a) the freehold transfer in Form A,

(b) any additional pages to accommodate transferor and officer signatures in Form D,

(c) all pages attached to the transfer as a schedule in Form E, and

(d) an affidavit of execution, if any,

and the transfer document shall be arranged in that order.

(4) Enter the total number of pages that comprise the freehold transfer inclusive of the transfer form, in the space provided.

(5) Number each page after the first page of the transfer document consecutively. At the end of the transfer document, type or print "END OF DOCUMENT".

SPECIFIC

ITEM 1 Application

Instruction

(1) Enter the name, address (including postal code) and phone number of the applicant or applicant's solicitor or agent. This must be followed by the signature of that person.

User Guide

(1) Under the Land Title Act, the "applicant" is the person who is entitled to be the registered owner of the estate transferred. This item constitutes the application to register the estate transferred and must be completed by the applicant or the solicitor or agent of the applicant either before or after execution of the instrument. Any refusal notice will be sent to the person named in the application at the address specified.

(2) If the applicant or the applicant's solicitor or agent is an individual, his or her name, address (with postal code) and phone number, followed by his or her signature, must be entered.

(3) If the applicant or the applicant's solicitor or agent is not an individual, the name, address (with postal code), phone number and signature of an individual who is authorized to do all acts necessary to effect registration of the freehold transfer must be entered.

ITEM 2 (a) Parcel Identifier and Legal Description of Land

Instruction

(1) Enter the 9 digit parcel identifier number (PID) of the parcel to be transferred in the space provided in Item 2 (a), followed by the legal description of the land matching the PID number. The PID number is not required if not yet assigned.

(2) Sections 158 (1) and 178 (2) of the Land Title Act allow the registrar to limit the number of parcels on a freehold transfer to one parcel. Except in exceptional circumstances, a freehold transfer shall not include more than one parcel of land. If circumstances require more than one parcel, dispensation should be sought from the registrar in advance.

User Guide

(1) The legal description consists of everything shown in the "Description of Land" segment of a computer title printed below the PID number.

(2) Preambles such as "All and singular that certain parcel..." in the legal description are not required. Similarly, reference to a strata lot owner's share in the common property is not required in the legal description. Preambles such as "That part of Lot 4.... shown on... " may be used where required.

(3) State Lot and Plan numbers in figures only. In addition, the following abbreviations are acceptable:

N  =  North   W  =  West
S  =  South   E  =  East
Rge  =  Range   Tp  =  Township
Bl  =  Block   Dist  =  District
Gp  =  Group   Sec  =  Section
DL  =  District Lot
LD  =  Legal Subdivision
W6M  =  West of the Sixth Meridian
Frac  =  Fractional
THSL  =  Town of Hastings Suburban Lands
KDYD  =  Kamloops Division, Yale District
NWD  =  New Westminster District
ODYD  =  Osoyoos Division, Yale District
QCD  =  Queen Charlotte District
SDYD  =  Similkameen Division, Yale District
TID  =  Texada Island District
YDYD  =  Yale Division, Yale District.

(4) It is not necessary to include references to a water, assessment or improvement district, or legal notations such as "hereunto annexed is Easement No. ...".

(5) The legal description with parcel identifier number must be recorded entirely within Item 2 (a) and must not continue onto a schedule.

(6) If the space is not sufficient for the complete parcel identifier number and legal description, set out the complete parcel identifier number and legal description in a schedule and enter "SEE SCHEDULE" in Item 2 (a).

EXAMPLE:


2. (a) Parcel Identifier and Legal Description of Land: *
     (PID) (LEGAL DESCRIPTION)
SEE SCHEDULE

(7) If a PID number has not been assigned to the parcel, enter "NO PID NUMBER" followed by the legal description.

(8) Please note that land title office mark up of the parcel being transferred is done by PID number only.

(9) Please ensure that the legal description is entered opposite the PID number of the parcel it describes.

EXAMPLE:


2. (a) Parcel Identifier and Legal Description of Land: *
     (PID)
NO PID NUMBER
(LEGAL DESCRIPTION)
Lot 3, Sec 5, Esquimalt Dist, Plan 4532

(10) If less than the entire interest in the land is being transferred, the fractional interest shall be noted with the legal description.

EXAMPLE:


2. (a) Parcel Identifier and Legal Description of Land: *
     (PID)
079 345 232
(LEGAL DESCRIPTION)
An undivided 1/2 interest in:
Lot 1, Sec 44, Nanaimo Dist, Plan 3727

(11) The fraction must, in all cases, be a fraction of the whole interest being transferred as follows:

(a) if the owner owns an undivided 1/2 interest, and all his interest is transferred, enter "1/2", as in the above example;

(b) if the owner owns an undivided 1/2 interest and is only transferring 1/2 of that interest, enter "1/4";

(c) if an owner, together with 3 others, owns an undivided 1/2 interest and that owner is transferring 1/2 of his interest, enter "1/16".

(12) To determine the fraction being transferred, the simple test is: What fraction of the whole is being transferred?

(13) Any qualifications or exceptions under section 186 (2) of the Land Title Act may be set out in this Item below the legal description.

EXAMPLE:


2. (a) Parcel Identifier and Legal Description of Land: *
     (PID)
123 456 789
(LEGAL DESCRIPTION)
Lot 1, Sec 4, Rge 4 E, Plan 8690
  The words contained in covenants 2 and 3 of column 1 of Schedule 2 of the Land Transfer Form Act are excepted.

(14) Do not use decimal fractions. A 1/3 interest must not be expressed as 33.33% or .333.

(15) Any registered encumbrance to which the transfer will be subject may be set out below the legal description.

EXAMPLE:


2. (a) Parcel Identifier and Legal Description of Land: *
    (PID)
123 456 789
(LEGAL DESCRIPTION)
Lot 1, Sec 4, Rge 4 E, Plan 8690
    Subject to: Mortgage No. 88605 and SRW No. 778046L

(16) The land title office will not examine "SUBJECT TO" provisions or verify them against the state of the title.

ITEM 2 (b) Market Value

Instruction

(1) Enter the market value of the property expressed in figures.

User Guide

(1) The market value must be stated whether or not it is the same amount as the consideration.

ITEM 3 Consideration

Instruction

(1) Enter the consideration expressed in figures or by description.

User Guide

(1) If the consideration is non-monetary, enter a description of the consideration. The expression "...and other good and valuable consideration" is not considered to be an accurate description.

EXAMPLE:


3.  Consideration: $1 and natural love and affection.

EXAMPLE:


3.  Consideration: 60 troy ounces of gold.

(2) If there is no valuable consideration expressed in this Item, a transfer in Form A is not registrable.

ITEM 4 Transferor(s)

Instruction

(1) In the case of an individual, enter the full name of the transferor.

(2) In the case of a corporation, enter its name and its B.C. incorporation or registration number, if any.

(3) It is not necessary to set out addresses or occupations in this Item.

User Guide

(1) If the transferor is an individual, his or her name should be set out in full as it appears on the title.

(2) Preference is that transferor names be printed or typed in capitals and underlined as shown in the examples.

EXAMPLE:


4.  Transferor(s): *
     JOHN PETER SMITH and MARY ELLEN SMITH

(3) In the case of a corporation that is a B.C. company or that is registered extraprovincially or continued in B.C., enter the B.C. registration number.

EXAMPLE:


4.  Transferor(s): *
     ABC LTD., (Inc. No. 12556), DEF INC., (Reg. No. A72645) and IDF CORP., (Reg. No. 654321)

(4) If there is insufficient space to enter the names of all the transferors, enter "SEE SCHEDULE" and set out the names of all the transferors in a schedule. Do not set out some names in Item 4 and some in a schedule.

EXAMPLE:


4.  Transferor(s): *
     SEE SCHEDULE

(5) The name of the governing jurisdiction of a corporate transferor may be entered in this Item.

ITEM 5 Freehold Estate Transferred

Instruction

(1) Enter appropriate words to create the type of freehold estate to be transferred.

User Guide

(1) Section 186 (4) to (8) of the Land Title Act contemplates 4 categories of freehold estate, namely:

(a) fee simple estate;

(b) life estate;

(c) determinable fee simple;

(d) fee simple on condition.

(2) If it is intended to transfer an estate in fee simple, enter the words "Fee Simple" to complete Item 5. Section 186 (4) of the Land Title Act operates to transfer the estate of the transferor without any words of transfer or limitation.

(3) In the case of a life estate, determinable fee simple and fee simple on condition, enter the appropriate words in Item 5.

EXAMPLE:


5.  Freehold Estate Transferred:  * Fee Simple

EXAMPLE:


5.  Freehold Estate Transferred:   * For the life of the transferee.

EXAMPLE:


5.  Freehold Estate Transferred:   * 
  For as long as the Church of St. Andrews shall stand.

EXAMPLE:


5.  Freehold Estate Transferred:   * 
  On condition that the land be used as a public park.

(4) Item 5 can also be used to qualify the nature of the freehold passing by entering an exception or reservation from the grant.

EXAMPLE:


5.  Freehold Estate Transferred:   * 
  Fee Simple, excepting and reserving to the transferor all minerals and precious metals.

(5) If there is insufficient space to enter the entire exception or reservation, enter "FOR EXCEPTIONS AND RESERVATIONS SEE SCHEDULE" and set out the exception and reservation in a schedule.

(6) Rights or interests of the transferor in this Item must be capable of registration as a charge and the transferor must concurrently apply for registration under section 181 of the Act in Form 17 of B.C. Reg. 334/79.

(7) If at the time the transfer is executed, it is intended to register the title subject to a certificate of pending litigation, the appropriate entry may be made in this Item or in Item 2. If that decision is made after execution, file a separate election as required under section 216 (2) (b) of the Land Title Act.

ITEM 6 Transferee(s)

Instruction

(1) In the case of an individual, enter the full name and occupation of each transferee (and, if applicable, information respecting joint tenancy). A postal address (with postal code) must also be entered.

(2) In the case of a corporation, enter its name and its B.C. incorporation or extraprovincial registration number, if any. If it is not incorporated or registered in B.C., enter a description of its governing jurisdiction. In either case, a postal address for the transferee must be entered in this Item.

(3) In the case of a transferee which has branch offices, a branch office address may be included as part of the description of the transferee, but a postal address must also be given.

User Guide

(1) In all cases the postal address must include a postal code. It is not sufficient to state only the name of the city, town or village.

EXAMPLE:


6.  Transferee(s): (Including occupation(s), postal address(es) and postal code(s)) *
     JOHN PAUL SMITH, Merchant and MARY LEE SMITH, Manager, as JOINT TENANTS, both of 925 Eden Street, Victoria, B.C. V9A 6P4

(2) In the case of a corporation that is a B.C. company or that is registered extraprovincially or continued in B.C., enter the B.C. registration number.

EXAMPLE:


6.  Transferee(s): (Including occupation(s), postal address(es) and postal code(s)) *
     JACK MAX JONES, Dentist, of 7749 Blanshard Street, Victoria, B.C. V8L 3R9, as to an undivided 1/4 interest, and ABC CO. LTD., (Inc. No. 2378), having an office at 778 Burrard Street, Vancouver, B.C. T4X 3Z8, as to an undivided 3/4 interest.

EXAMPLE:


6.  Transferee(s): (Including occupation(s), postal address(es) and postal code(s)) *
     ABC CO. LTD., (Inc. No. 123456), DEF INC., (Reg. No. A654321), and GHI CORP., (Reg. No. 759367), all of 789 Seymour Street, Burnaby, B.C. 3P8 X1A

(3) Where transferees are taking unequal fractional interests, this information must be shown immediately after the transferees' names. This requirement does not apply where transferees are taking either as joint tenants or tenants in common in equal shares. Where transferees take in unequal shares, their respective interests must be shown as fractions of the interest being transferred and not as fractions of the whole land. For example, if Item 2 (a) refers to an "undivided 1/2 interest" and it is intended to apportion that interest among 3 transferees in unequal shares, the fractional shares shown in this Item must total to 1.

(4) For the purposes of paragraph (3), assuming that of the undivided 1/2 interest being transferred, one transferee is to take 1/2 and the others are to take 1/4 each, Item 6 would be completed as shown in the example.

EXAMPLE:


6.  Transferee(s): (Including occupation(s), postal address(es) and postal code(s)) *
     JOHN JONES, Taxi Driver, of 1234 Yew Street, Vancouver, B.C. V9J 3P6 as to an undivided 1/2 interest, BILL JONES, Manager, of 5432 Elm Street, Vancouver, B.C. V8L 3R9 as to an undivided 1/4 interest, and SARA JONES, Teacher, of 999 Maple Street, Vancouver, B.C. V4X 3Z8 as to an undivided 1/4 interest.

(5) Do not use decimal fractions. A 1/3 interest must not be expressed as 33.33% or.333.

(6) Preference is for transferee names to be printed or typed in capitals and underlined as shown in the above examples.

(7) If there is insufficient space to enter names, occupations, addresses and postal codes of all of the transferees, enter "SEE SCHEDULE" set out all the names, occupations, addresses and postal codes in a schedule.

EXAMPLE:


6.  Transferee(s): (Including occupation(s), postal address(es) and postal code(s)) *
    SEE SCHEDULE

(8) If the corporation is neither incorporated nor registered in British Columbia, the name of the governing jurisdiction of a corporate transferee must be shown in this Item.

ITEM 7 Execution(s)

Instruction

(1) Item 7 is to be used for execution of the freehold transfer by the transferor and for officer certification.

(2) If the space provided is not sufficient for execution by all transferors, then an additional page for execution may be added without reference to the registrar. The additional page must be in Form D. Where a transferor's signature has been certified by an officer, the certification must appear on the same page as the execution.

(3) The date of execution, given in year, month and day, must be indicated in the space provided in Item 7. Years shall be entered using the last 2 digits (e.g. "89" for 1989). Months should be designated by number (e.g. "2" for February).

User Guide

INDIVIDUAL TRANSFEROR

(1) For natural persons, under the "Transferor(s) Signature(s)" column, the transferor name must be typed or printed immediately below the signature of the transferor.

(2) Under the "Officer Signature(s)" column, the name, address and professional capacity (e.g. solicitor, notary or commissioner) must be typed or printed immediately below the signature of the certifying officer.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
"Ian Jack Smith"
Ian Jack Smith
100 Burrard Street
Vancouver, B.C.
V6C 1A1
Solicitor
Y
89
M
3
D
13
Transferor(s) Signature(s)
"John Peter Doe"
John Peter Doe

(3) Please note that the definition of an officer is limited to a person before whom an affidavit may be sworn under the Evidence Act, R.S.B.C. 1996, c. 124, sections 60, 63 and 64.

(4) The officer signature must appear directly opposite the transferor signature certified by the officer. If one officer is certifying more than one transferor signature, add "as to all signatures" or "as to the signatures of . ." immediately below the officer signature.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
"William Jack Johns"
William Jack Johns
101 Douglas Street
Victoria, B.C.
V8A 1A2
Notary Public
(as to all signatures)
Y
89
M
4
D
3
Transferor(s) Signature(s)
"John Peter Allan"
John Peter Allan
"Mary Lynn Glen"
Mary Lynn Glen

CORPORATE TRANSFEROR

(1) In the case of a transfer executed by a corporation, use the format shown in the following example and ensure that the name of the authorized signatory is typed or printed immediately below the signature. Please note that the affixation of a corporate seal is no longer required for Land Title Act purposes. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
"Jim Joe Brown"
Jim Joe Brown
2500 West Georgia Street
Vancouver, B.C.
V7C 2P4
Notary Public
Y
89
M
3
D
26
Transferor(s) Signature(s)
ABC Limited by its
authorized signatory
"John Lee Doe"
John Lee Doe

(2) If a company seal is affixed, it must not obliterate or obscure any signature or information entered in this Item. In the case of a corporate attorney, it is the seal of the attorney that is to be affixed rather than that of the transferor.

EXECUTION BY INDIVIDUAL ATTORNEY

(1) In the case of a transfer executed by an attorney, use the appropriate format shown in the following example. If a power of attorney is already filed in the land title office, enter the filing number immediately below the signature. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
"Sue Mary Love"
Sue Mary Love
2727 - 1499 4th Avenue
Prince George, B.C.
V2C 4Y9
Solicitor
Y
89
M
3
D
13
Transferor(s) Signature(s)
JOHN LEE DOE
by his Attorney
JOHN JOE SMITH
"John Joe Smith"
D.F. 667801

EXECUTION BY CORPORATE ATTORNEY

(1) In the case of a transfer executed by a corporate attorney, it must be clear that the signatory is an authorized signatory of the corporate attorney and that the corporate attorney is acting as the attorney for the transferor. The provisions of subsections (2), (3) and (4) under the heading INDIVIDUAL TRANSFEROR also apply to this form of execution.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
"Jane Sue Brown"
Jane Sue Brown
1700 - 1250 2nd Avenue
Kamloops, B.C.
V9C 9Y5
Solicitor
Y
89
M
3
D
13
Transferor(s) Signature(s)
JOHN LEE DOE
by his Attorney
ABC LIMITED by its
authorized signatory
"John Joe Smith"
John Joe Smith

LACK OF CERTIFICATION

(1) If the transferor signature cannot be certified by an officer, enter "SEE AFFIDAVIT OF EXECUTION" and attach an affidavit that complies with Part 5 of the Land Title Act. Note that the affidavit will be part of Form A and must have a page number.

(2) The affidavit must state the reason why officer certification cannot be obtained. The reason must be sufficient for the registrar to accept the affidavit in lieu of the officer certification. In those cases where the affidavit evidence of execution is submitted, the registrar is not likely to exercise his discretion unless officer certification is simply impossible to obtain under the circumstances or the transfer was executed outside British Columbia.

(3) In those cases where the freehold transfer document is executed outside British Columbia, the registrar will accept that it is difficult to obtain an officer's certification in all cases and will accept the affidavit of execution in lieu of an officer certification.

EXAMPLE:


7.  Execution(s): **
    
  Execution Date  
Officer Signature(s)
SEE AFFIDAVIT OF EXECUTION
Y
89
M
3
D
13
Transferor(s) Signature(s)
"John Charles Doe"
John Charles Doe


Contents| Schedule A Form A  Form B  FormC  Form D  FormE | Schedule B


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