From the Practice Advisory Department
Showing Charges Endorsed with “As to Part Formerly” on Survey Plans By Peter Goodier, BCLS Sr. Practice Advisory Manager
O
ne of the more common plan defects encountered at the Land Title Office relates to the requirement that plans creating title (for example reference plans, subdivision plans and strata plans) must depict the boundaries of active charges. This includes charge boundaries that are not defined by a charge plan. The failure to depict these charge boundaries can result in a plan defect. This was addressed by the LTSA Liaison Committee on May 21, 2015. In an effort to bring more awareness to this issue, an excerpt from the May 2015 meeting minutes is copied below (note that the excerpt references the GSIR – this rule has been replaced by Survey and Plan Rule 3-7(5)): Item 2015-04: Tim Jowett provided a detailed report on the most common survey plan defect issues as follows: b) Subdivision or reference plans that create fee simple title must show with broken lines the boundaries of existing rights-of-way, easements and covenants, that are associated with an active charge, pursuant to GSIR 3- 4(1)(k) and (l). This GSIR also implies charges are to be shown in broken lines that do not encumber the entire lands, but are not defined
18
December 2020 | the LINK
EXAMPLE 1
