Ownership of Land

“A man’s castle is his domain.”  The belief that people can do what they like with their property is firmly ingrained in Canadian culture. 

There is no piece of legislation that comprehensively says what a person can or cannot do on their land.  B.C.’s Land Title Act provides a few details about registering the sale of land, but for the most part the rights of private land owners are found in judge-made common law. 

In most cases a property owner gets to determine what happens on his or her property.  This is not an absolute right:

·         Government can regulate, restrict, or even, in some cases, eliminate private property rights if done through valid legislation;

·         When government actually eliminates property rights it is called “expropriation” and will usually (although not always) require government to pay the property owner financial “compensation” equivalent to the value of the property; however, restrictions on how property can be used may not require compensation;

·         A property owner cannot use his or her land in a way that interferes with the property and personal rights of others;

·         A property owner or previous owners can restrict their use of the property, or transfer some or all of the rights of use to someone else, through leases, covenants and other means. 

But as a general rule, who owns the land will have a huge bearing on who controls it.  Are you concerned with property that is:

·         Provincial Crown Land – 95% of British Columbia is owned by the provincial government;

·         Federal Crown Land – The federal government owns national parks, federal institutions and a few other areas in British Columbia;

·         Indian Reserve or land traditionally used by First Nations – First Nations have a system of land rights that is quite different from the usual private property regimes.  While reserves are the “Indian Lands” easiest to identify, aboriginal rights may come up on any land traditionally used by First Nations (including crown land and even – potentially – private land).

·         Private Land – Land owned by an individual or a corporation. 

If you’re not certain who owns a property, and want to learn about how to find out, read about the Land Title Act.