Greg Allen wins in land title trial

In this case, Greg represented a purchaser of residential property whose purchase was thwarted by a third party asserting that the vendor held the property in trust for him. The third party did not assert his trust interest in the property until after Greg’s client paid the full purchase price to the vendor.

In her decision, the chambers judge confirmed that British Columbia operates on a “first in time” system of land title registration, and held that the third party could not block the transfer of title to Greg’s client after the purchase price had already been paid. Greg successfully obtained an order that the caveat against title filed by the third party be struck, and that the property be transferred to his client.

To read the decision, visit 2023 BCSC 1111. For more information on Allen / McMillan’s civil litigation practice, please contact Greg at greg@amlc.ca.