Is a caveat an instrument or encumbrance?
British Columbia, Canada
The following excerpt is from Uukw v. B.C. (Govt.), 1986 CanLII 935 (BC SC):
I find support for my conclusions in Paulette v. R., 1976 CanLII 200 (SCC), [1977] 2 S.C.R. 628, [1977] 1 W.W.R. 321, 72 D.L.R. (3d) 161, 12 N.R. 420 [N.W.T.]. There Laskin C.J.C. was considering a different statute and a different definition of “instrument”, but one question he addressed was whether a “caveat” was a “… document … relating to or affecting the transfer of or other dealing with land …” He held, at p. 645, that a caveat was neither an instrument nor an encumbrance.
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