Register Against Land

If the debtor owns land in BC, you can register your judgment against the land. The debtor cannot sell or mortgage the land until the judgment is paid. It is an effective procedure, but it may take many years before you are paid. If you do not know if the debtor owns land, you can do a name search at the land title office, for a fee.

If you discover that the debtor owns land, ask the court registry for a certificate of judgment (Court Order Enforcement Act, Schedule 2). There is a fee for this certificate. Next, take the certificate to the land title office where the land is located. For a fee, you can register the certificate of judgment against the debtor’s property. The registration is good for two years. You have to renew it when the registration expires.

If the property is owned in joint tenancy (for example, the debtor and their spouse own the family home), you can still register your judgment against it. If the debtor dies, however, the property belongs to the other joint tenant absolutely, and your registration has no effect.

While it is possible to force the sale of the debtor’s land, it is a complicated and expensive procedure. It should only be done with the assistance and advice of a lawyer.