Trust as the Foundation of Property Ownership in BC
The BCREA recently released a discussion paper exploring the future of property ownership in British Columbia, highlighting how trust underpins the province’s land-title system. For buyers, sellers, and property investors, the Torrens system provides a strong framework for ownership, though evolving legal decisions may introduce new considerations over time.
Key Takeaways
- Fee-Simple Ownership Remains Central
Fee-simple title is currently the most complete form of property ownership in BC, giving owners broad rights to use, sell, or mortgage their land. The Torrens system reinforces this ownership by providing public, registered evidence of legal ownership. Recent legal developments, however, show that Aboriginal title may coexist with fee-simple parcels in some cases. - Aboriginal Title Can Intersect with Private Ownership
Court decisions, including the 2025 Cowichan Tribes v. Canada case, have clarified that Aboriginal title—lands recognized under Indigenous rights—can overlap with existing fee-simple properties. This doesn’t remove private ownership, but it emphasizes the need for ongoing reconciliation and careful consideration when overlapping claims exist. - Modernization Through Inclusion
Bill 13, the Land Title and Property Law Amendment Act, 2024, allows First Nations to hold fee-simple land directly, streamlining participation in BC’s property system. Combined with new digital registry tools, these changes aim to make the system more inclusive while maintaining public confidence. - Trust is the Market’s Currency
Confidence in property ownership drives market efficiency. When trust falters, transactions can slow, costs may rise, and buyers and sellers could face uncertainty. Organizations such as BCREA play a key role in supporting clarity, guidance, and advocacy to help all participants navigate evolving legal and regulatory issues.
What This Means for You
- Buyers: Registered titles continue to provide a strong basis for ownership, supported by BC’s Torrens system. However, overlapping claims of Aboriginal title could introduce future considerations, so due diligence remains important.
- Sellers: The system remains broadly reliable, and market confidence is still supported by transparency and legal processes. That said, evolving court decisions and policy changes may influence how certain properties are assessed or transacted.
- Everyone: Ongoing modernization efforts, such as Bill 13 and First Nations registry initiatives, aim to make the property system more inclusive and equitable. While these changes support broader participation, the full implications will continue to unfold as the legal and regulatory landscape evolves.
Looking Ahead
BC’s property system is adapting to reflect modern realities while striving to maintain trust and reliability. Transparency, integrity, and clear communication remain central to the Torrens system, ensuring that property ownership continues to be a cornerstone of economic security and growth in the province. Even as legal questions develop, the goal is to create a framework where both fee-simple and Aboriginal titles can coexist within a system built on confidence, fairness, and shared prosperity.
Read the BCREA's discussion paper here: Trust as the Foundation of Property Ownership: The Future of Fee-Simple Title and the Torrens System in British Columbia.
If you have questions about your property, are considering a purchase, or want guidance navigating BC’s evolving property landscape, we would be pleased to discuss your options and provide insight.