Why File A Certificate of Pending Litigation
Certificates of Pending Litigation in BC
Filing a Certificate of Lis Pendens in BC
After either or a sudden or expected death, surviving beneficiaries often move quickly to try to deal with the estate of the recently deceased. Often, this involves the sale of real property which the Deceased owned.
What is a Certificate of Pending Litigation (“CPL”)?
Certificates of Pending Litigation (“CPL”) are official charges that can be registered in the Land Titles Office which advise prospective buyers that a piece of property is subject to a lawsuit. This is significant because many buyers will not want to purchase property that is subject to court proceedings and they may require that the CPL be lifted prior to the purchase of property completing. The Wills, Estates and Succession Act (“WESA”) in B.C., permits Plaintiffs to register a CPL on property within 10 days from the date of filing their Notice of Civil Claim or Petition.
- 61(5) Within 10 days from the date of the issue of the initiating pleading or petition, a plaintiff in a proceeding under this Division may register, in the land title office in which the title to land sought to be affected is registered, a certificate of pending litigation against the land in a form approved under the Land Title Act.
Why File A Certificate of Pending Litigation?
CPLs provide important protection to potential beneficiaries because even if the subject property is sold, the funds are usually held in trust by one of the lawyers involved who will provide an undertaking not to release the funds.
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