If you own a home, land, rental property or other real estate in Surrey or the Lower Mainland, it can be concerning to learn that your property is involved in a forfeiture proceeding. Civil forfeiture of real estate in BC occurs because the province’s Civil Forfeiture Act allows real property to be subject to civil forfeiture in certain circumstances.
Being involved in forfeiture proceedings doesn’t mean that you committed an offence or have been convicted of one.
A civil forfeiture lawyer in Surrey can review allegations, assess the evidence, and help determine an appropriate response.
Why Can Real Estate Be Subject to Civil Forfeiture?
Under the Civil Forfeiture Act, “property” includes a parcel of real property. The Director of Civil Forfeiture may seek forfeiture of all or part of an interest where statutory requirements are met.
This can include allegations that property is:
- Proceeds of unlawful activity: Real estate acquired directly or indirectly through unlawful activity.
- Instrument of unlawful activity: Property alleged to have been used in connection with unlawful activity.
For example, real estate forfeiture in BC can involve allegations concerning property purchased with proceeds connected to financial offences or property used in connection with drug offences. These are allegations only.
How Does Civil Forfeiture Work With Real Estate?
Administrative forfeiture doesn’t apply to real property such as a house. Instead, proceedings involving real estate are commenced in the BC Supreme Court. These proceedings can be pursued without establishing that a criminal charge was laid or that a conviction was registered.
Where applicable, the Director may also file a notice in the Land Title Office indicating that the proceeding may affect the property or an interest in it.
What If More Than One Person Has an Interest in the Property?
Real estate can involve multiple ownership and financial interests. A property forfeiture in BC may therefore require consideration of:
- Who is registered on title
- Other claimed ownership interests
- How and when each interest was acquired
- The source of funds to acquire the property
- Mortgages and other registered interests
- The evidence connecting the property to alleged unlawful activity
The Act also provides protections for an uninvolved interest holder, but these are not automatic. Their application depends on the circumstances and nature of the interest.
How Can a Civil Forfeiture Lawyer Help?
A civil forfeiture lawyer may assist by:
- Reviewing court documents and allegations
- Examining title and financial records
- Assessing the alleged connection between the property and unlawful activity
- Identifying other interests
- Preparing the response
- Communicating with counsel for the Director of Civil Forfeiture
- Representing the property owner in BC Supreme Court civil forfeiture proceedings
FAQs
Can a house be subject to civil forfeiture in BC?
Potentially yes, since the Act includes real property within its definition of property, where statutory requirements are met.
Can real estate be forfeited without a criminal conviction?
Potentially yes. Civil forfeiture proceedings are separate from criminal prosecution, and a conviction isn’t required in every proceeding.
Does administrative forfeiture apply to a house?
No, administrative forfeiture doesn’t apply to real property like a house or land.
Contact Basra Law Group Today
Civil forfeiture of real estate can leave you feeling concerned.
If your home, land, or other real estate interest is involved in a civil forfeiture proceeding in BC, timely legal advice is important. Contact Basra Law Group at 604-560-0016 to schedule a consultation with a civil forfeiture lawyer serving Surrey and the Lower Mainland.