680 THE ADVOCATE
VOL. 76 PART 5 SEPTEMBER 2018
36. 2017 BCSC 1988 Jameson House.
37. Nordin, supra note 28 at para 34.
38. This is also stated to be the law in Robert Megarry &
William Wade, The Law of Real Property (London:
Stevens, 1957) at 715.
39. In British Columbia, leases for terms of three years or
less are not required to be registered: see Land Title
Act, RSBC 1996, c 250, s 29(2)(d) LTA. However,
the case law has held that knowledge of occupation
of tenants under unregistered leases is sufficient to
prevent a purchaser of land from relying on the lack
of registration: see ME-N-ED’s Pizza Parlor Ltd v
Franterra Developments Ltd (1975), 62 DLR (3d) 148
40. Austerberry, supra note 30 at 781.
41. Note that unlike in the context of strata plans, there
are no statutorily implied easements when an
air space parcel is created: see LTA, supra note 39,
Float plane dock in Ganges, on Salt Spring Island—where the late Jack Giles, Q.C.
(see page 729), could often be seen in his retirement.