How Title Charges Work in BC: The Basics
In BC, the Land Title Office maintains the provincial land title registry. Every registered interest in land — ownership, mortgages, and encumbrances like easements, covenants, and rights of way — appears on the title. When a buyer obtains a title search from the LTO, they receive a document showing:
- Registered owner — the current title holder
- Charges — registered interests affecting the land (mortgages, easements, covenants, SRWs, caveats, etc.)
- Descriptions of charges — a reference to the registered instrument (e.g., Easement No. CA123456) which can be obtained from the LTO for the full text
When title transfers in a sale, the buyer takes title subject to all registered charges shown on the title search — unless specifically discharged as a condition of the sale. Realtors must review the title search charges with buyers during the subject period and advise them to obtain and read the full instrument documents for any significant encumbrances.
Easements in BC: Types and Key Concepts
An easement is a right that one party (the dominant tenement — the benefiting land) has over another party's land (the servient tenement — the burdened land). Easements in BC can be:
Appurtenant Easements
The most common type — attached to a specific parcel of land and benefit whoever owns that parcel. Example: a right of access easement over the rear corner of a neighbour's lot to reach an otherwise landlocked parcel. When either parcel is sold, the easement transfers automatically with the title.
In Gross Easements
An easement held by a specific person or entity without attachment to a dominant tenement. BC Hydro transmission line easements and Fortis BC gas pipeline easements are in gross easements — they benefit the utility company, not an adjacent parcel. These are the most common easements in BC and appear on virtually every rural property and many urban lots.
Common Easement Types in BC Real Estate
| Easement Type | Common Holder | Impact on Property |
|---|---|---|
| Right of way (access) | Neighbouring parcel owner | Grants right to cross servient land for access; limits building over the route |
| Statutory right of way (utility) | BC Hydro, Fortis BC, TELUS, municipality | Restricts building above/over utility corridor; access by utility for maintenance |
| Drainage easement | Neighbouring parcel or municipality | Allows drainage water to flow across; limits structures over drainage path |
| View easement | Dominant parcel | Restricts height of structures or vegetation on servient land to protect views |
| Party wall easement | Adjacent property owner | Shared wall between two properties — both owners have rights and obligations |
| Conservation easement | Land trust or government | Restricts development to protect natural/environmental features; runs with land permanently |
| ROW for pipeline | Pipeline company, Trans Mountain | Typically wide corridors (10–30m); strict building restrictions; safety setbacks |
Section 219 Covenants: What Every BC Realtor Must Know
Section 219 of the Land Title Act (RSBC 1996, c. 250) allows any party (not just adjacent landowners) to register a covenant that restricts or requires use of land. Unlike common law restrictive covenants, s.219 covenants:
- Can be positive (requiring the owner to do something) as well as negative (restricting use)
- Bind all future owners of the land without requiring a dominant tenement
- Are commonly used by local governments as conditions of subdivision approval, rezoning, or development permits
- Can be held by environmental organizations, agricultural land bodies, BC Housing, and other entities
Common s.219 Covenant Uses in BC
| Covenant Type | Typical Holder | What It Restricts or Requires |
|---|---|---|
| No-subdivision covenant | Municipality / Regional District | Prohibits future subdivision of the parcel |
| Affordable housing covenant | BC Housing / Municipality | Requires ongoing affordable rental rates on specific units; sale restrictions |
| Heritage protection covenant | Local government | Requires maintenance of heritage features; restricts demolition or alterations |
| Geotechnical covenant | Municipality | Restricts building in geotechnically sensitive areas (slope stability, flood plain) |
| Environmental protection covenant | Land trust / Province | Protects wetlands, riparian areas, species habitat from development |
| Tree preservation covenant | Municipality | Requires retention of specified trees; restricts removal |
| Setback / height covenant | Municipality | Imposes stricter setbacks or height limits than current zoning |
| Single family use covenant | Strata / Developer | Restricts property to single-family residential use only (common in older subdivisions) |
Critical realtor note: s.219 covenants for geotechnical hazardsare particularly important. If a property sits on a slope or in a floodplain and has a geotechnical covenant, any future development (additions, decks, secondary suites) may require a geotechnical engineer's report confirming the work won't destabilize the site. Buyers planning to renovate or build must factor in this cost and potential restriction.
Statutory Rights of Way (SRW): Section 218 of the Land Title Act
A Statutory Right of Way (SRW) under section 218 of the Land Title Act is a registered right allowing a specified party to enter and use a defined corridor of land. SRWs are one of the most common title charges on BC properties and most often relate to utilities.
Key BC Hydro / Fortis BC SRW Facts
- BC Hydro transmission lines typically have 30–60 metre wide SRW corridors — significantly wider than most buyers expect
- No permanent structures may be built within the SRW corridor without BC Hydro's written consent
- Decks, sheds, pools, fences, and landscaping may all require approval if within the SRW boundary
- BC Hydro can require removal of structures built within the SRW at the owner's expense
- Fortis BC gas pipeline SRWs have setbacks from the pipeline centreline — typically 3–7 metres — and restrict deep excavation and buildings
- SRW boundaries may not be visible on the ground — buyers should obtain a survey or SRW plan to understand exactly where the corridor runs
Municipal and District SRWs
Municipalities commonly register SRWs for water mains, sewer lines, storm drains, and road access. A buried municipal water main under the backyard is a very common BC scenario — buyers should understand that the municipality can excavate at any time to repair the infrastructure, and permanent structures over a municipal SRW may need to be removed.
How to Read a BC Title Search for Encumbrances
When reviewing a title search with a buyer, work through the charges section systematically:
- List all registered charges — easements, SRWs, covenants, restrictive covenants, caveats
- Identify the instrument number for each charge — this is the LTO registration number for the full document
- Obtain the full instrument — either from the LTO directly or through the conveyancing lawyer. The title search only shows the charge exists, not what it says.
- Identify the purpose and scope — what can the holder of the right do? What is restricted on the property?
- Identify the location — where on the lot does the easement/SRW corridor run? A survey plan may be needed.
- Assess the materiality — does the charge affect the buyer's intended use? Plans to build an addition? Install a pool? Subdivide?
Impact on Property Value and Development Potential
| Charge Type | Typical Value Impact | Development Impact |
|---|---|---|
| BC Hydro/Fortis SRW (wide corridor) | –5% to –15% on affected portion | Significant — large unusable zone; no permanent structures |
| Municipal utility SRW (narrow) | Minimal | Minor — narrow corridor, mostly affects below-grade work |
| Access easement (neighbour benefits) | –2% to –8% (servient parcel) | Moderate — access corridor may limit backyard development |
| Conservation easement | Permanent reduction on restricted area | High — development on protected land prohibited in perpetuity |
| Heritage covenant | Complex — may increase or decrease value | Significant — renovation and demolition restricted |
| Geotechnical covenant | –5% to –20% depending on severity | High — engineering reports required for any development |
| No-subdivision covenant | Reduces development potential value | High — landowner cannot subdivide regardless of zoning |
| View easement (servient parcel) | –5% to –15% | Moderate — height/vegetation restrictions |
Disclosure Obligations for BC Realtors
BC realtors have robust disclosure obligations regarding title encumbrances:
- Listing agent: Must disclose known material title charges in marketing, MLS listing, and PDS. The seller should identify all charges they are aware of, including the purpose of each charge.
- Buyer's agent: Must advise the buyer to review the full title search before removing subjects, obtain and read the full instrument documents for any significant charges, and seek independent legal advice on charges that may affect the buyer's intended use.
- Both agents: Must not represent that a title charge is minor or insignificant without having read the instrument document. Many SRWs and covenants have restrictions that are much more extensive than their title description suggests.
Never say "it's just an easement, it won't affect you."Until you have read the full instrument and understand what it prohibits, you cannot make this representation. Stating a title charge is insignificant when you haven't read it is a potential RESA violation and professional liability exposure.
Title Review Subject in the CPS
Best practice for protecting buyers in encumbrance-heavy transactions:
“Subject to the Buyer, at the Buyer's expense, obtaining and reviewing the title search for the Property and being satisfied, in the Buyer's sole discretion, with all registered charges, encumbrances, easements, rights of way, covenants, and other title instruments affecting the Property. The Buyer shall have until [date] at [time] to remove this condition. This condition is for the sole benefit of the Buyer.”
Can Easements and Covenants Be Removed?
Discharge of title encumbrances in BC is possible but often complex:
| Encumbrance Type | Discharge Method | Difficulty |
|---|---|---|
| Appurtenant easement | Written agreement of both dominant and servient tenement owners; LTO filing | Moderate — requires dominant owner's consent |
| BC Hydro/Fortis SRW | Consent of utility company; typically granted only if utility infrastructure relocated | Very difficult — utilities rarely agree unless line is decommissioned |
| Municipal SRW | Application to municipality; granted if infrastructure relocated or no longer needed | Difficult — municipality must agree |
| s.219 covenant (local government) | Application to and consent of covenant holder (local government) | Difficult — requires covenant holder to voluntarily discharge |
| Common law restrictive covenant | Agreement of benefiting party; or BC Supreme Court application to modify/extinguish | Moderate to difficult — court will extinguish if benefit no longer exists |
| Conservation easement | Consent of land trust / government; effectively permanent | Very difficult to impossible |
Client Advisory Scripts
Script 1: Explaining Easements to a Buyer
“The title search shows a [BC Hydro / neighbour access / drainage] easement registered on this property. That means [BC Hydro / the neighbouring property / the municipality] has a right to use a specific part of this land for [transmission lines / access / drainage]. The easement transfers with the property — you'd be buying it subject to this right. I've ordered the full easement document so we can see exactly where the corridor runs and what restrictions it imposes. Before you remove subjects, I want us to review that document together and make sure it doesn't affect your plans for the property.”
Script 2: Geotechnical Covenant Advisory
“There's a section 219 geotechnical covenant on this property registered by the City of [municipality]. This means the city identified the property as being in a geotechnically sensitive area — most likely related to the slope at the back. The covenant doesn't prohibit development, but it typically requires any new construction, additions, or significant landscaping to be supported by a registered geotechnical engineer's report. If you're planning to add a deck or do the basement renovation you mentioned, you'll want to budget for an engineering report — usually $3,000–$8,000 depending on scope. I can share the full covenant document with you now so you know exactly what it requires.”
Script 3: Seller Disclosure Conversation
“The title shows several registered charges — a [BC Hydro SRW], a [drainage easement], and what looks like a [municipal s.219 covenant]. I need you to tell me everything you know about each of these: Did they affect any work you did on the property? Did you ever need to get BC Hydro or the city's approval for anything? Have you had any issues with neighbours regarding the access easement? This information needs to go in the PDS and will be disclosed to buyers. We don't want a buyer to discover something after subjects are removed that you knew about but didn't disclose.”
Script 4: Buyer Wants to Remove a Covenant
“You're asking about removing the [affordable housing / no-subdivision / heritage] covenant. I want to be straightforward with you — that covenant was registered by [the City / BC Housing / a land trust] and it can only be discharged with their consent. In most cases, the covenant holder won't agree to discharge unless there's a compelling reason and, in the case of affordable housing covenants, replacement affordable units. I'd strongly recommend you have a BC real estate lawyer research the feasibility of discharge before we write the offer. Buying this property on the assumption the covenant will be removed is a significant risk.”
FAQ: Easements, Covenants & Rights of Way in BC
What is an easement and how does it affect a BC property sale?
An easement is a registered right allowing one party to use a specific part of another's land for a defined purpose (access, utilities, drainage). Easements run with the land and transfer automatically when the property is sold. Buyers take title subject to all registered easements. Realtors must disclose easements on title and advise buyers to review the full instrument document.
What is a section 219 covenant in BC real estate?
A s.219 covenant is registered under the Land Title Act and binds all future owners of the land. It can be positive (requiring action) or negative (restricting use). Local governments commonly use them to restrict subdivision, require affordable housing, protect heritage features, or address geotechnical hazards.
What is a statutory right of way in BC?
An SRW registered under s.218 of the Land Title Act allows a utility or public authority to use a corridor of land for infrastructure (power lines, gas mains, water mains). BC Hydro SRWs often cover 30–60 metre wide corridors and prohibit permanent structures without written consent.
Must a BC realtor disclose easements and covenants on title?
Yes — RESA requires disclosure of material facts including registered title charges. Realtors must disclose known encumbrances in marketing, MLS listings, and advise buyers to review all title instruments before removing subjects. Realtors must not characterize an encumbrance as insignificant without reading the full instrument.
Can a section 219 covenant or easement be removed from BC title?
It is possible but often difficult. S.219 covenants held by local governments require the covenant holder's consent to discharge. Conservation easements are effectively permanent. Appurtenant easements can be extinguished by written agreement of both parties or, in some cases, by court order when the easement's purpose is frustrated.