Former CBA-NL President. Property law enthusiast.
Clarenville, NL
Joined April 2021
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This is actually a good first step toward solving the Crown Lands problem, at least for residential properties. Unfortunately, nearly $1,000 in fees for the grant to what you already have. If govt comes off the monetization of a solution, it seems like a great solution.
If you don’t meet the requirements of adverse possession but can prove possession & occupation of your primary residence prior to Oct. 15, 2024, you may be eligible for a quitclaim deed under the Primary Residence Land Title Program. gov.nl.ca/crownlands/ #GovNL
The amendments to the Lands Act have passed today. There's some good news there, but unfortunately a lot of uncertainty too. (next)
A couple of days ago, I offered a solution involving the legislation as then drafted to work around this problem. Create a noncompliant title regulation in coordination with the Law Society, and put properties through on that basis. The law as passed contains this power (next)
Factchecking tonight's House of Assembly debate:
1. The CBA-NL Report endorses a 40 year possessory period, but without a fixed date. Thus it would be 40 years prior to today (i.e. 1984), which is much easier to meet than any period pre-1977.
Addendum: It should be said that the Land Use Atlas highlights the govt record problem well. The Minister has said Prescott Street in downtown SJ isn't Crown Land. Yet the Atlas shows it as Crown Lands. What is and is not Crown Land is something we dont know (nor does govt).
10. @JimDinn points out that the legislation doesn't change the utilization of land required to dispossess the Crown. This is part of the complication of lawyers' certification of title by adverse possession, because the current standards are too onerous for many people to meet.