What do you see as the key distinctions under your legal system? Explain, please. I'm not a Canadian lawyer, nor a Canadian anything, so I'm happy to admit my ignorance. Are you unable to own land?Ownership and not tenure for one.
Crown owns the land and the mineral Rights. Canadians buy the usage of the surface.What do you see as the key distinctions under your legal system? Explain, please. I'm not a Canadian lawyer, nor a Canadian anything, so I'm happy to admit my ignorance. Are you unable to own land?
OK. Is this all over Canada, or only in the west?Crown owns the land and the mineral Rights. Canadians buy the usage of the surface.
What is/are the exceptions? Broadly. If it's a long list, a summary will do.Most of Canada. Most.
The majority of all lands in Canada are held by governments as public land and are known as Crown lands. About 89% of Canada's land area (8,886,356 km²) is Crown land, which may either be federal (41%) or provincial (48%); the remaining 11% is privately owned.[2]
Are the leases or tenure effectively indefinite, unless good cause is shown to end them?Exceptions are a small piece if Ontario and rail right of ways.
I ain't going anyplace. I'm learning.I get where you are going and no, it's not the same.
OK. I regard freedom and security as terms so vague as to be nearly useless, but I don't think I'm gonna get much further with you on this. They do make great rallying cries to justify unspeakable acts of brutality.It is worth the fight. Freedom and security is always worth fighting for.
Saskatchewan's changes to trespassing laws finally take effect Jan. 1, 2022. The amendments that place the onus on individuals to obtain permission to be on private property were passed in 2019 but not proclaimed.Dec 23, 2021
Can't tell you what other provinces do, since most of this is provincial jurisdiction. In BC(bring cash, and lots of it) there are some variations depending on when the land was crown granted private ownership) but basically you own the surface rights and sub surface rights may belong to the crown or some mining company. Some of the pre 1900 grants included subsurface rights. The owner of the subsurface rights can come on your property to develop their claims, but have to pay some sort of fee. Similar for water rights. Someone else could own all the rights to a stream crossing your property. Much of this only applies in rural areas since it is probably impossible to get the necessary permits to open a mine in a city. There are many towns built on top of mines though. One could probably buy the mineral rights to their property from the mineral claim owner, or if their claims have expired and you had a free miners license you could stake your own properrty.Are the leases or tenure effectively indefinite, unless good cause is shown to end them?
Are the leases or tenure part of one's estate?
Is there any ongoing payment (aside from taxes), or is it your once you've paid the price or paid off the mortgage?
Thank you. That's helpful.Can't tell you what other provinces do, since most of this is provincial jurisdiction. In BC(bring cash, and lots of it) there are some variations depending on when the land was crown granted private ownership) but basically you own the surface rights and sub surface rights may belong to the crown or some mining company. Some of the pre 1900 grants included subsurface rights. The owner of the subsurface rights can come on your property to develop their claims, but have to pay some sort of fee. Similar for water rights. Someone else could own all the rights to a stream crossing your property. Much of this only applies in rural areas since it is probably impossible to get the necessary permits to open a mine in a city. There are many towns built on top of mines though. One could probably buy the mineral rights to their property from the mineral claim owner, or if their claims have expired and you had a free miners license you could stake your own properrty.
Yeah. One of my first thoughts when the agreement was announced.
Trudeau may actually reach his goal......the complete destruction of Canada as a coherent nation.
I've said it before; Pierre Trudeau kneecapped Canada, and now Justin Trudeau is administering the coup de grace.
Alloidial Title.Thank you. That's helpful.
Here, by contrast, one generally buys land "in fee." That means it's yours, surface, subsurface, water rights, and the air above up to a "reasonable" altitude.
Any of that can be waived by contract or deed, and there are some "easements" that allow people to use your land (generally to cross it), and "covenants" that "run with the land" (meaning a new purchaser has to abide by them), but they have to be specified in the deed and purchase contract. That and zoning (industrial, residential, mixed-use, and such) are about the only limits.
The biggest land fight we had recently was over "eminent domain." The Fifth Amendment says no government at any level can seize your land except for "public use" (and they have to pay you). 50 years ago the Supreme Court decided that a "public use" means a "public purpose" in a case over urban renewal (a position I vehemently reject). Maybe 10 years ago the city of New London, Connecticut, wanted to seize some private houses and sell the land to a developer. The "public purpose" the city cited was that the development would pay the city more property tax than the homes. To the fury of the majority of Americans, the Supreme Court held that was OK. In reaction, many states passed laws or even amendments to their state constitutions that forbade the practice.
Now the politicians have to come up with a new excuse.