Wednesday, May 18, 2022
spot_img
HomePropertyHow Do I Remove a Charge From Title to My Property?

How Do I Remove a Charge From Title to My Property?

A property’s title is registered with the BC Land Title Office, which includes a list of any and all charges currently registered against that property. How does a charge differ from an alien? A charge is a legal instrument that is registered on title and notes some form of interest, rule, or entitlement that occurs to the property. There might be a claim on a portion of the property’s value via debt (such as a mortgage or builders’ lien) or restrictions on how that property is used (such as building covenants, easements, or building schemes).

Those who own property in British Columbia are subject to charges registered against that property. It is therefore imperative that you have the title to any property you are considering purchasing reviewed by a lawyer to make sure you are aware of any charges on the Owning a property in BC means you own it subject to the Remove a Charge From Title to My Property. Ensure your interests and intentions for the property are not hindered by a lawyer as well as determine if your interests and intentions will be hampered.

With the evolution of communities, certain charges on titles may no longer be required or may become irrelevant. Although these charges no longer serve a specific purpose, they may interfere with your use and enjoyment of your property. Imagine that you want to build a carriage house in your backyard, but there is an old easement on the Owning a property in BC means you own it subject to the Remove a Charge From Title to My Property. Ensure your interests and intentions for the property are not hindered by a lawyer.
allowing your neighbor access to your property. You should keep in mind that, even if your neighbor doesn’t use the easement and hasn’t for a while, the easement may still restrict your ability to build on your property.

Can you do anything about it?

It is possible to cancel and discharge a charge from the title in several ways. Check whether a charge has an expiration date first. A charge that contained an expiration date that has passed will be removed by the Land Remove a Charge From Title to My Property Office for “effluxion of time” – which is just a fancy way of saying it is too old and therefore no longer enforceable. In the event that a charge does not specify an expiration date, the party who originally registered the charge (known as the “charge holder”) will need to consent to the cancellation and discharge.

If we use the easement and carriage house example from above, then the neighbors who benefit from the easement and are named in the easement instrument would need to consent to the discharge.

The number of parties who would need to consent to a discharge may vary depending on the circumstances, and sometimes it would not be possible to get all of them one by one, or the charge holders may refuse to consent. There are still steps you can take if this is the case to have the charge dismissed by a court. The following factors are considered by the court when determining whether a charge should be modified or discharged under section 35(2) of the Property Law Act, which provides that a charge may be modified or discharged if:

  1. Charges or interests registered are no longer valid;
  2. The reasonable use of your property will be restricted, without any practical benefit to others;
  3. There is express or implied agreement among the charge-holders about the modification or cancellation;
  4. Such modification or cancellation will not injure the charge-holder; or
  5. there is no charge, or the charge is expired or invalid.

An application of this nature will of course be successful based upon the specific circumstances and strength of the evidence presented to the court.

To learn more about your options to remove a charge from the title to your property, or if you have any other questions, please feel free to contact Best Bizz at bestbizz36@gmail.com.

Legal advice should not be taken from this article – speak to a legal professional about your specific circumstances.

5/5 - (3 votes)
RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

Recent Comments