CHAPTER 13 LAND TITLE

13.1 REGISTRATION OF YALE FIRST NATION LAND
13.2 CANCELLATION OF INDEFEASIBLE TITLE
13.3 SUBSEQUENT REGISTRATION OF CANCELLED INDEFEASIBLE TITLE

13.1  REGISTRATION OF YALE FIRST NATION LAND

13.1.1  On the Effective Date:

a. the interests of Yale First Nation in Yale First Nation Land;

b. the interests referred to in Appendices H-2, H-3 and H-4, unless that person has agreed in writing under 12.6.4 that the interest does not need to be granted or issued; and

c. any other interests in Yale First Nation Land already registered in the Land Title Office,

will be registered, or will remain registered, in the Land Title Office in accordance with this Agreement and the requirements of the Land Title Act.

13.1.2  On registration of the indefeasible title to a parcel of Yale First Nation Land, the Registrar will make a notation on the indefeasible title that the parcel is Yale First Nation Land and may be subject to conditions, provisos, restrictions, exceptions and reservations in favour of Yale First Nation.

13.1.3  On the Effective Date, subject to this Agreement, to the extent that the following instruments are applicable to a parcel of land, the Parties will present the instruments for registration in the following order of priority:

a. any right of way in favour of Yale First Nation;

b. any transmission rights of way in favour of BC Hydro;

c. any distribution rights of way in favour of BC Hydro and Telus;

d. any rights of way in favour of other Public Utilities; and

e. any other instruments.

13.1.4  Upon the request of the Parties, each holder of an interest referred to in 13.1.3 may irrevocably appoint Yale First Nation, Canada or British Columbia, as applicable, as its agent for the purpose of making such changes to the instruments, whether executed or not, as may be necessary in order to ensure that the instruments are in registrable form.

13.1.5  Registration under 13.1.1, including the provision of a State of Title Certificate, will be at no cost to:

a. Yale First Nation, a Yale First Nation Member, a Yale First Nation Public Institution or a Yale First Nation Corporation; or

b. the holder of an interest referred to in 13.1.1, except for a Public Utility that:

i. has an interest referred to in Appendix H-3, and

ii. is not Yale First Nation, a Yale First Nation Public Institution or a Yale First Nation Corporation.

13.1.6  Upon registration under 13.1.1, the Parties, if necessary, will amend Appendices B, D and E, in accordance with 27.1.9, to reflect any adjustments to the boundaries of Yale First Nation Land.

13.1.7  No title adverse to, or in derogation of, the title of the registered owner of a parcel of Yale First Nation Land under the Land Title Act will be acquired by length of possession and, for greater certainty, subsection 23(4) of the Land Title Act does not apply in respect of Yale First Nation Land.

13.2  CANCELLATION OF INDEFEASIBLE TITLE

13.2.1  Yale First Nation, and no other person, may apply under the Land Title Act in accordance with this Chapter for cancellation of the registration of an indefeasible title to a parcel of Yale First Nation Land.

13.2.2  When applying for the cancellation of the registration of an indefeasible title to a parcel of Yale First Nation Land, Yale First Nation will provide to the Registrar an application for cancellation of registration and will deliver to the Registrar any duplicate indefeasible title that may have been issued in respect of that parcel.

13.2.3  Upon receiving an application from Yale First Nation for cancellation of the registration of an indefeasible title to a parcel of Yale First Nation Land under 13.2.1 and 13.2.2, the Registrar will cancel the registration of the indefeasible title if:

a. the registered owner of the fee simple interest in the parcel is Yale First Nation, a Yale First Nation Corporation or a Yale First Nation Public Institution;

b. the registered owner consents; and

c. the indefeasible title to the parcel is free and clear of all charges, except those in favour of Yale First Nation.

13.2.4  The Land Title Act will not apply to a parcel of Yale First Nation Land for which the indefeasible title under the Land Title Act has been cancelled under that Act in accordance with this Agreement.

13.3  SUBSEQUENT REGISTRATION OF CANCELLED INDEFEASIBLE TITLE

13.3.1  If the indefeasible title to a parcel of Yale First Nation Land has been cancelled by the Registrar under 13.2.3, Yale First Nation, and no other person, may subsequently apply under the Land Title Act for the registration of an indefeasible title to that parcel of Yale First Nation Land and such application may be made in the name of Yale First Nation or on behalf of another person.

13.3.2  Yale First Nation, when applying for the registration of an indefeasible title to a parcel of Yale First Nation Land under 13.3.1, will provide to the Registrar:

a. a plan of the land affected by the application that has been prepared by a Land Surveyor and signed by the Surveyor General;

b. a certificate of Yale First Nation that complies with the Land Title Act and certifies that, on the date of the Yale First Nation Certificate, the person named as the owner of the fee simple interest in the Yale First Nation Certificate is the owner of the fee simple interest of the parcel, and that the Yale First Nation Certificate sets out all:

i. subsisting conditions, provisos, restrictions, exceptions, and reservations contained in the original or any other conveyance or disposition from Yale First Nation, whether in favour of Yale First Nation or another person;

ii. estates or interests; and

iii. charges, including charges in respect of a debt owed to Yale First Nation,

to which the fee simple interest of the parcel is subject; and

c. registrable instruments for all estates, interests and other charges to which the parcel is subject.

13.3.3  If Yale First Nation makes an application for the registration of indefeasible title to a parcel of Yale First Nation Land under 13.3.1, and if the Registrar is satisfied that:

a. a good safe holding and marketable title in fee simple for the parcel has been established by Yale First Nation;

b. the boundaries of the parcel are sufficiently defined by the plan provided by Yale First Nation;

c. all of the estates, interests and other charges set out in the Yale First Nation Certificate are registrable under the Land Title Act; and

d. the Yale First Nation Certificate complies with the Land Title Act;

then the Registrar must:

e. register the indefeasible title to the parcel;

f. make a note on the indefeasible title that the parcel is Yale First Nation Land and may be subject to conditions, provisos, restrictions, exceptions, and reservations in favour of Yale First Nation or another person; and

g. register as charges the estates, interests and other charges set out in the Yale First Nation Certificate.

13.3.4  The Registrar is entitled to rely on, and is not required to make any enquiries in respect of, the matters certified in the Yale First Nation Certificate and a person deprived of an estate, interest, condition, proviso, restriction, exception or reservation in or to a parcel of Yale First Nation Land as a result of the reliance by the Registrar on a Yale First Nation Certificate, and the issuance by the Registrar of an indefeasible title based on the Yale First Nation Certificate, will have no recourse, at law or in equity, against the Registrar, the Assurance Fund, British Columbia or Canada.

13.3.5  If Yale First Nation makes an application for the registration of indefeasible title to a parcel of Yale First Nation Land under 13.3.1, then, effective from the time of application and until the application has been withdrawn or rejected, or the indefeasible title for that parcel is cancelled, the Land Title Act applies to the parcel.

[ Previous | Next ]