A Certificate of Pending Litigation (CPL) is a Land Title Act form used when a party to an action is claiming an interest in land. A CPL protects a valid interest in land until litigation is resolved; once a CPL is registered, the land title is ‘frozen’ and cannot be changed until the CPL is cancelled. This makes certain actions impossible, such as selling or refinancing the property. Note there are exceptions to this; section 216(2) of the Land Title Act outlines when a land title can be changed even when a CPL has been registered.
A party can file for a CPL under s.215 of the Land Title Act. The Certificate of Pending Litigation was formerly called Certificate of lis pendens.
How to file a Certificate of Pending Litigation
A Certificate of Pending Litigation can be filed by any party to the proceeding. The originating document to the proceeding (i.e. Notice of Civil Claim) must claim an interest in land under the Land Title Act or a right of action concerning land that is given by another statute (i.e. Builder’s Lien Act).
The CPL is taken to the court registrar for certification, along with the pleading in which interest in land is claimed. After the CPL has been filed with the court registry, it must be filed with the Land Title Office for registration against the title, by completing and filing land title Form 17 Registration of Charges on Title. If interest is being claimed over multiple parcels of land, a separate CPL must be filed for each.
CPLs can also be registered under acts other than the Land Title Act, such as the Builders Lien Act or Court Order Enforcement Act.
Where to find the forms
Blank forms can be found in the Supreme Court Information package. This package includes template forms for CPLs for various claims, including civil (Form 31 or 32), family (Form 33), and estate (Form 34) matters. The selection of the appropriate CPL is determined by the nature of the pleading.
CPL forms can also be found on the BC Land Title & Survey Authority website.
For the exact filing process and a guide to filling out the CPL, see Guide to Civil Litigation, available at Courthouse Libraries BC.
Content reviewed August 22, 2024
- Land Title Act - BC Laws
- Supreme Court Information Package with CPL template forms - BC Courts website
- BC LTSA forms list - Land Title and Survey Authority of BC website
- Guide to Civil Litigation - onsite at Courthouse Libraries BC