Past deadline

Authority Land Title and Survey Authority
Details

Jason contacted us out of frustration after the Land Title Survey Authority (LTSA) didn’t respond to his lawyer’s correspondence regarding the registration of a re-survey of his property.

Jason said his family wanted to sell the property but he couldn’t complete the sale until an issue about the size of the property was resolved. Jason and his lawyer had been dealing with the LTSA in an attempt to resolve this issue for two years. The LTSA had provided Jason with its opinion about the location of a boundary on his property in October 2012 and Jason’s lawyer had responded in January 2013 setting out his views of the matter. After five months with no response from the LTSA, Jason called us.

We investigated whether there was unreasonable delay in responding to Jason’s lawyer. The LTSA reviewed the file with us and told us that they had spoken to Jason’s lawyer between February and April. Over the next two months LTSA staff had to conduct research to respond to the argument set out in the lawyer’s January 2013 letter. The LTSA sought advice from their legal counsel and discussed their conclusions with Jason’s lawyer and explained what they believed to be the effects of the original and subsequent Crown grants on the property. They also met with the Ministry of Forests, Lands and Natural Resource Operations.

We were satisfied that the delay had been reasonable, but it seemed that a written response to Jason’s lawyer was now possible and appropriate. We discussed with the LTSA whether it would provide a written response to Jason’s lawyer. In response, the Deputy Surveyor General at the LTSA wrote acknowledging the lawyer’s letter, confirming that they had considered the views expressed in the January 2013 letter and recommended that Jason and his lawyer discuss possible resolutions directly with the Ministry of Forests, Lands and Natural Resource Operations.

Category Housing and Property
Type Case Summary
Fiscal Year 2013
Location Vancouver Island / Sunshine Coast