Question

In BC, subject to certain statutory exceptions, the land title register is conclusive evidence that the person named as holding a fee simple estate in land is in fact entitled to that interest, and his holding is not subject to any condition/encumbrance other than those shown on the land title register.

a) Presumptive Proof
b) Title Guarantee
c) Absolute Evidence
d) Covenant Assurance

Answer 1

The land title register in BC serves as absolute evidence of property ownership, verifying that the named owner of a fee simple estate on the register holds that interest free from any undisclosed conditions or encumbrances.

Step-by-step explanation:

The land title register in British Columbia (BC) serves as conclusive evidence of the legal ownership of property. Specifically, when someone is named as holding a fee simple estate in land on this register, they are recognized by law as the rightful owner. This is not just a presumptive proof; the register provides what is essentially an absolute evidence of title to the property. This means that, unless otherwise shown on the register, the ownership is not subject to any undisclosed condition or encumbrance. It's important to have an accurate property title, particularly when transactions are being considered—as in the case of farmers who might decide to sell their land due to the increasing costs and decreasing profitability of small-scale farming.

In this context, an accurate title can facilitate the sale of land for its development into commercial or residential properties. To sell property, sellers must have a clear title which implies that the dimensions of the property have been accurately delineated and the acreage has been calculated accordingly. This exactness is crucial for ensuring all parties involved in the transaction are in agreement with the size and boundaries of the land being transferred.