What is the current state of the law on title protection under s. 29 of the BCSC, s. 20 of the Landlord Code?
British Columbia, Canada
The following excerpt is from The Owners Strata Plan NES33 v. Westshore Developments Limited, 2015 BCSC 1280 (CanLII):
As summarized in Szabo v. Janeil Enterprises Ltd., 2006 BCSC 502 at para. 20, s. 29 “protects the title of purchasers from prior unregistered interests, except in the case of fraud.” In that case, neighbouring properties had negotiated a written, unregistered easement agreement and a subsequent purchaser, who was found to have constructive knowledge of the easement, was claiming the protection of s. 29. In Szabo, McKinnon J. reviewed trends in the case law and concluded that:
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